
AND 

FEDERAL 


triplett&haOslein 


REIN & SONS COMPANY 






















COPYRIGHT DEPOSIT. 











. 



































































































THE SIX FLAGS OF TEXAS 

1. Spain 3. United States 5. Mexico 

2. France 4. Republic of Texas 6. Confederate States 


CIVICS: 


Texas and Federal 


BY 


HENRY F. TRIPLETT 

It 

Superintendent of Schools, 
Beaumont 


FERDINAND A. HAUSLEIN 

Late Professor in the North Texas 
Normal College 



REIN & SONS COMPANY 
HOUSTON, TEXAS 



4g ?S 

I'SU 4 - 

,T 7 


Copyright, 1912 
Copyright, 1914 

By REIN & SONS COMPANY 


*** * 

APR -2 1914 

©CI.A374127 


^j^et reuereore of % 
J| r lam be breatbeb 
TJU, by eoery mother 
to ilje lispinp 
babe tl|at prattles on Ijer 
lap; let it be tanpb* 1« 
schools, seminaries anb 
rollepes; let it be uiritten 
in urimera, spelling 
boons anb almanacs; iet 
it be prearljeb from pnl- 
pita anb proclaimed in 
legislative balls, anb en- 
forreb in ronrts of }na- 
tire; in sljnrt, let it be¬ 
come tl|e politiral reli¬ 
gion of tlje nation. 

—Abraljam ftittroltt 





































































































































PREFACE. 


FROM the state viewpoint education is fostered to de¬ 
velop good citizens and thus to insure to all the people 
of the Nation security in their personal and property 
rights. 

A knowledge of our government and of the conditions 
that produced our constitutions and laws helps to make 
good citizens and is the best safeguard to our State. 

As the States are sovereign in our government, a citi¬ 
zen feels the influence of the laws of his State in his 
every-day life, while that of the National laws is more 
remote. For this reason the young citizen should first 
familiarize himself with the government of his own 
State in his study of civics, and then the study of Na¬ 
tional government will be natural and easy. 

In studying the civic affairs of Texas the student 
realizes that no other commonwealth has such a varied 
and interesting history. Through every stage of it 
Texas has been blessed with patriots who cared more 
for right principles and righteous government than for 
material prosperity. 

Texas took active part in throwing off Spanish rule 
and oppression in Mexico, and in the establishment of 
the Mexican Republic. In this republic, Texas loyally 
supported Mexico till republicanism in the nation was 
only a name. But when men’s rights were disregarded 
by Mexico’s tyrannical dictator, Texans took up arms for 
citizen rights, won Texan independence from Mexico, 
and established the Republic of Texas by as marked 
valor as was shown at Thermopylae. 

Realizing her intimate relation to the United States, 
Texas voluntarily changed from a Republic to a State 
of the American Union, and later, joining the cause of 



vi 


PREFACE 


the Southern Confederacy, she fought valorously as long 
as there was a vestige of hope for the success of that 
cause. It is a notable fact that the last battle of the 
Civil War was fought on Texas soil—on the Palmetto 
Rancho—the Confederates winning the victory on May 
13, 1865, not yet having heard of the surrender of Lee at 
Appomattox. 

In this book on Texas civics the evolution of the State 
government will be presented in the light of Texas his¬ 
tory and Texas constitutional development. Such essen¬ 
tials of each Texas constitution will be presented as 
gave a basis for subsequent constitutional changes. The 
civil government of the State will be considered in an 
analysis of the present constitution and the legal require¬ 
ments that arose therefrom. 

The county is recognized as the unit in our State 
government and it is treated fully in its local import¬ 
ance and in its essential relation to the State govern¬ 
ment. The function of the State officials and of the 
public institutions is discussed. The relation of the 
State to the Federal government is explained, and all 
sections of the Federal constitution that have specific 
bearing on our State government are plainly presented. 

Suffrage and elections, trial proceedings, cities and 
towns, revenue and taxation, public education and polit¬ 
ical party management, are carefully treated. To this 
is added an analytical presentation of the Federal con¬ 
stitution showing the function of the Federal govern¬ 
ment. THE AUTHORS. 

June 10, 1912. 


TABLE OF CONTENTS 


STATE GOVERNMENT. 


Chapter. Pages. 

Introduction—Government and Its Development 1-8 

I.—The Early Government of Texas. 9-13 

II.—The Republic of Texas . 14-18 

III. —The Texas Constitution of 1876 . 19-21 

IV. —The Three Branches of Government . 22-24 

V.—The Texas Legislature. 25-33 

VI.—Powers of the Legislature. 34-42 

VII.—How Laws Are Made. 43-49 

VIII.—The Executive Branch . 50-51 

IX.—The Governor . 52-59 

X.—Other Executive Officers . 60-69 

XI.—State Lands . 70-73 

XII.—The Judicial Branch . 74-80 

XIII. —The Work of the Courts . 81-84 

XIV. —Some Powers of Judges and Courts .. 85-87 

XV. —Party Organization . 88-90 

XVI.—Suffrage . 91-94 

XVII.—Elections . 95-101 

XVIII.—The County .102-106 

XIX.—Duties of County Officers .107-113 

XX.—Cities and Towns .114-119 

XXI.—Duties of City Officers .120-126 

XXII.—Efforts to Improve Government.127-129 

XXIII.—Public Revenues .130-135 

XXIV.—Public Education .136-143 

XXV.—How Our Schools Are Controlled.144-151 

XXVI.—The State and Its Unfortunates .152-155 

XXVII.—Some Civic Problems .156-163 

Constitution of the State of Texas ... .164-195 































CONTENTS 


viii 

FEDERAL GOVERNMENT. 


Chapter. Pages. 

I.—Government Before 1789 .197-207 

II.—Making the Federal Constitution .208-214 

III. —The Bill of Rights .215-221 

IV. —The House of Representatives .222-230 

V.—The Senate . 231-234 

VI.—The Procedure in Congress .235-244 

VII.—Powers of the Separate Houses .245-249 

VIII.—Federal Taxation .250-255 

IX.—Other Powers of Congress .256-277 

X.—Restrictions Imposed by the Constitution .278-282 

XI.—The President .283-296 * 

XII.—Powers and Duties of the President .297-306 

XIII. —The Departments .307-318 

XIV. —The Judicial Branch ..319-328 

XV.—Impeachment Proceedings .329-331 

XVI.—The State and Federal Government .332-336 

XVII.—The Civil War and Its Consequences .337-342 

Appendix A—Constitution of the United States .343-357 

Appendix B—Chief Executives of Texas .358-359 






















INDEX 


STATE GOVERNMENT. 


* Pages. 

Accused, Rights Protected ..20, 83-84 

Address Removals From Office . 76 

Adjournment of Legislature . 35 

Agricultural and Mechanical College. 141 

Agriculture, Commissioner of . 64-65 

Amendments . 36-37 

Annexation : Texas . 18 

City . 117 

Assessor: County . 110 

City . 123 

Asylums, Hospitals and Institutions for Defectives, 153-154-155 

Attorneys, Prosecuting ..67, 79,108,123 

Auditors . 110 

Australian Ballot . 97-98 

Bail . 20,79 

Banks: Commissioners of. 67 

Guarantee of Deposits . 68 

Bill of Rights . 19-21 

Bills, Passage of: 

Introduction . 43 

Reference to Committee . 43-44 

Committee Reports . 44 

Engrossment . 44 

Three Readings . 44 

Enrollment . 45 

Legislature Signings . 45 

Governor’s Action . 45,48 

Action on Vetoed Bills . 48-49 

Boards: Education.139,145 

Regents . 54,142 

Examiners ..—55, 112, 149, 150 

































X 


INDEX 


Pages. 

Pardons . 55 

Health . 157 

Trustees .112,147 

List of Appointive . 54-55 

Equalization .112,124 

Bonds: Elections . 92 

Indebtedness . 38 

Building . 139 

Branches of Government . 22-24 

Bribery .32, 94, 101 

Calendar . 44 

Campaign Expenses .127-128 

Capitals . 40-41 

Certificates: Teachers .148-150 

Land. 71-72 

Charters . 116 

Cities and Towns: 

Incorporations .115-116 

Annexation . 117 

Secession . 117 

Wards .117-118 

Elections .118-119 

Officers and Their Duties .116,120-124 

Council Powers .121-122 

Commission Government .124-126 

Equalization Board . 124 

Somers’ System of Valuations . 133 

Courts . 121 

Poll Tax . 119 

Charter . 116 

Schools ..139,147 

Occupation Tax . 134 

Eligibility to Office . 119 

Citizens . 93,114 

City Council .121-122 

Clerks of Courts . 80,109 

College of Industrial Arts . 141 

Collectors: County . 110 







































INDEX 


xi 


Pages. 

City . 123 

Commission Form of City Government .124-126 

Commissions . 55 

Commissioners: County . 107 

State .64-65,67,68, 72 

Committees: Legislative . 43-44 

Free Conference . 45 

Of the Whole . 60 

Comptroller of Public Accounts . 62 

Confederate Homes: For ex-Confederates . 39 

For Wives and Widows of ex-Confederates. 39 

Congress: Mexican Federacy . 10 

Texas and Coahuila . 10 

Constitutions : Mexican Federacy. 10 

Texas and Coahuila . 10 

Republic of Texas, 1836 . 17-18 

State of Texas, 1869 . 19 

State of Texas, 1876, and Amendments.19,161-195 

Amendments . 36-37 

Restrictive Provisions .21, 31-32, 37-38, 101,131 

Consultation, General . 13 

Contempt of Court . 85 

Contested Elections .35-36, 100-101 

Conventions : Precinct . 89 

County . 89 

State . 90 

San Felipe .12-13,17 

Convicts . 155 

Counties: Number . 102 

Formation .102-103 

Seat of Government . 104-105 

Officers .i.105-106 

Schools .138,139,140-142,147 

Taxation .131,161 

Courts .76,77,107 

Lands . 70 

Elections . 105 

Duties of County Officers .107-113 








































INDEX 


xii 

Pages. 

Board of Equalization . 112 

Courts : State System . 74 

Supreme . 75 

Criminal Appeals . 75 

Civil Appeals . 75 

District . 76 

County . 77 

Justice of Peace . 78 

Recorders . 124 

Work of . 81-84 

Courts of Record. 80 

Deaf and Dumb Institute . 153 

Declaration of Independence . 14-17 

Declaration of Purpose. 13 

Declaration of Rights . 12 

Delinquent Taxes .111,123 

Department of Nacogdoches . 136 

Disqualification for Office Holding . 101 

Disqualification for Voting . 94 

Districts: Congressional (See pp. 224-225). 

Senatorial . 26-27 

Representative . 29-30 

Flotorial . 28-29 

Supreme Judicial . 74 

District Courts . 76 

Commissioners’ .. 107 

Justice of Peace . 78,107 

School ...139,140,147 

Election . 107 

Domain, Public . 72 

Elections : When and Where Held . 95 

How Held . 96 

Canvassing Returns . 97 

Australian Ballot . 98 

Contests .100-101 

Suffrage Requirements . 91-94 

In Cities .118-119 

Poll Tax . 93 







































INDEX xiii 

Pages. 

Exemption Certificates . 93 

Primary Elections . 90 

Emergency Clause . 48 

Enacting Clause ... 43 

Equalization Boards: County . 112 

City . 124 

Executive Department: Chief Executive—Oath of Office 52 

Qualification . 52 

Inauguration . 52 

Powers and Duties: Commander of State Militia.. 53 

Appointees . 53-55 

Oath . 52 

Lieutenant Governor : Qualification .'_ 60 

President of Senate . 34, 60 

Associate Executive Officers . 50-51 

Their Duties . 60, 73 

Veto Power . 45-48 

Executive Sessions of Legislature . 34 

Exemption: Property Tax . 132 

Poll Tax . 134 

Sale of Homesteads .134-135 

Extradition of Criminals . 86 

Felonies . 77 

Food Inspection.157-159 

Free Conference Committee . 45 

Funds : School, Classes of. 138 

Building . 139 

Sinking . 139 

Good Roads Movement . 160 

Bonds for. 162 

Tax for. 132 

Governor : See Chief Executive. 

Governor’s Mansion. 51 

Government: Its Development . 1-3 

Need of . 3-4 

Departments in Texas . 22-24 

Early Government of Texas . 11-13 

Grand Jury .-. 81-82 





































XIV 


INDEX 


Pages. 

Oath of Grand Jurors . 81 

Grants: See Land Grants. 

Habeas Corpus Writ . 20,85 

Health Officers: State .157-158 

County. 157 

City . 157 

High Schools, Rural .140,147 

Holidays. 41-42 

Homes: Confederate Veterans . 39 

Wives and Widows of Confederate Veterans. 39 

Orphans . 154 

Homesteads .134-135 

Hospitals: For Epileptics . 154 

For Consumptives .'. 154 

For the Insane . 152 

House of Representatives . 25,27 

Impeachment . 36 

Inauguration of Governor. 52 

Incorporation of Towns and Cities .115-116 

Indictment . 82 

Inheritance Tax . 134 

Institute for the Blind. 153 

Independence, Declaration of . .•. 14-17 

Initiative . 128 

Insurance . 67 

Insurance and Banking, Commissioner of . 67 

Iron Clad Oath . 91 

Judges : Qualifications . 74 

Removal by Address . 76 

Powers . 77,85 

Judiciary .22, 24, 74 

Juries: Grand . 81-82 

Petit .79,82-83,124 

Justice of the Peace. 78 

Land: Grants . 70-71 

Survey and Measures. 71 

Patents . .. 72 

Commissioner . 72 







































INDEX 


xv 


Pages. 

School .71,137-138,142 

Laws : Definition . 4 

Legal Age . 78 

Legislators: Privileges of . 30-31 

Prohibition on . 31-32 

Legislation: Limitations on . 37-40 

Legislature: Composition . 25 

Officers of. 34 

Sessions of .25,35,40,57 

Common Provisions . 34 

Libel and Slander .v. 20 

Library Commission . 68 

Licenses: Marriage . 87 

Occupation . 134 

Liquor .r... 159 

Lieutenant Governor . 34,60 

Liquor Question . 159-160 

Lobbying . 32 

Local Laws ... 40 

Local Option . 159 

Machine Politics . 127 

Magna Charta . 85 

Majority and Minority Committee Reports . 44 

Marriage . 87 

Marshal . 122 

Mason and Dixon Line . 18 

Mayor .121-122 

Mexican Revolution . 9-10 

Militia . 53 

Misdemeanors . 77 

Monarchies . 5 

Monopolies . 156 

Normal Institutes, Summer. 150-151 

Normal Schools of Texas .142,150 

Notaries, Public . 53 

Oath of Office: Governor’s . 52 

Grand Jurors’ . 81 

Representatives’ (See p. 336). 







































XVI 


INDEX 


Pages. 

Occupation Tax . 134 

Orphans’ Home . 154 

Penitentiaries . 155 

Perjury . 82 

Political Parties . 88 

Poll Tax ... 134 

Posse, Sheriffs . 108 

Prairie View Normal College . 142 

Primary Elections . 90 

Probate, Jurisdiction . 78 

Property Rights . 20-21 

Public Health . 156-158 

Public Revenues .130-135 

Public School System .136-151 

Pure Foods ...... .157-159 

Quarantine . 157 

Quorums, Legislative . 34-36 

Railroad Commission . 64-65 

Rangers . 58 

Recall . 129 

Recess Appointments . 54 

Reconstruction Period. 19,91 

Recorder . 124 

Referendum. 116,128 

Representatives: House of . 27-28 

Number . 27-28 

Apportionment . 28-30 

Floaters . 28 

Qualifications . 30 

Reprieves .. 55 

Republic of Texas, Provisions for Schools. 137 

Republics . 5 

Requisitions .. 86 

Revenue Agent . 66 

Revenues .130-135 

Rural High Schools .112,140,147 

Seal of State of Texas . 55 

Secretary of City . 12? 








































INDEX 


xvii 

Pages. 

Secretary of State . 61-62 

Senate: Officers . 34 

New . 25 

Membership . 25 

Executive Session . 34 

Senators : Classes . ...., .. 25 

Term . 25 

Qualifications .,. 27 

Salary . 27 

Sheriff . 108 

Suffrage . 91-94 

Superintendent of Public Instruction: State.62,145,150 

County . Ill 

Surveyor . Ill 

Tax Payers’ Convention. 131 

Taxes: Personal . 132 

Real Estate . 132 

Poll . 93,134 

Occupation . 134 

Limitation . 131 

Exempt Property . 132 

Taxation.130-135 

Taxation Principles . 131 

Tenure of Office . 51 

Texas and Coahuila Government . 10-12 

Training School for Incorrigibles .;. 155 

Treasurer, State —. 63-64 

County.109-110 

City . 122-123 

Treaties With Santa Anna . .... . . 17-18 

Treaty Ports . 3 

Trusts 156 

University of Texas .. 142 

Vendor Lien Notes . 77 

Veto: Governor’s ..., 45, 48 

Mayor’s . 121 

Voters : Qualifications .. ..92,93, 94 

Disqualification. . 94 

Not Possible.. f ., ..... > 93 









































XV111 


INDEX 


Pages. 

Voting Restrictions . 95-97 

Voting Machine . 99 

War With Mexico. 17 

Writs . 85-87 

FEDERAL GOVERNMENT. 

Adjournment of Congress .243, 246, 247 

Amendments .216, 226, 339, 341, 353, 360 

Annapolis Convention . 208 

Appropriation Bills .249, 347 

Arbitration, International . 326 

Area of United States. 359 

Army and Militia .217-218 

Articles of Confederation . 205 

Bankruptcy .262-263 

Banks: National-.264-265 

Postal .267-268 

Currency . 264 

Bar of the House of Representatives . 246 

Bills of Credit . 281 

Bills : Revenue . 249 

Passing .240-241 

Borrowing Money. 256 

Calendar .240-241 

Capital of United States .236-237 

Caucus .229,238 

Census and Census Bureau . 228 

Charter .197-198 

Civil Service .302-303 

Civil War . 339 

Colonies: Classes.197-199 

Union Among . 198 

Provisional Government. 205 

Commerce Commission, Interstate .257-258 

Commerce: Regulation .256-259 

Restrictions . 279 

Interstate .257-258 

Commissioners, Territory . 228 







































INDEX 


XIX 


Pages. 

Committees: Regular . 239 

Conference . 241 

Compromises, The Three Great. 210 

Confederation: Government Under .206-207 

Committee of the States . 206 

Defects of Government .206-207 

Congress: First Continental . 200 

Second Continental .200-201 

Composition . 222 

Sessions .232, 235, 304 

Voting in . 240 

Library of .269-270 

A New .235,237-238 

Rules of Procedure . 246 

Territory Delegates . 228 

Congressional Library .269-270 

Congressional Record . 246 

Congressional Districts.224-225 

Congressmen: Apportionment .226-228 

At Large . 224 

Election . 223 

Qualifications . 224 

Punishment of . 246 

Salaries . 247 

Mileage Allowance . 248 

Franking Privileges . 248 

Disqualification . 248 

Immunities of . 248 

Vacancies . 229 

Contested Elections . 245 

Constitution : Forming .208-213 

Signing . 212 

Ratification of .212-213 

Constitutional Restrictions : Federal .278-280 

State .280-281 

Conventions: Annapolis . 208 

Constitutional .209-213 

Signing of United States . 212 








































XX 


INDEX 


Pages. 

Ratification of United States . 212-213 

Nominating .287-289 

Copyrights .. • 269 

Counterfeiting . 265 

Courts : Establishment . 270 

Classes . 319-320 

Jurisdiction .321-322 

Territorial . 327 

Military . 220 

Court Martial . 220 

Currency: Continental . 205 

United States .263,265,281 

Declaration of Independence .201-205 

Declaration of War.271, 347 

Defects of the Confederation Government . 206 

Departments: See Executive Departments .298, 307, 317 

Delegates: Territorial . 228 

Diplomatic and Consular Service . 310 

District of Columbia .236,274 

Districts: Congressional .224-225 

Judicial . 323 

Domain: Eminent . 220 

Duties .251-252 

Elections: President by Electoral College .289-290 

By House of Representatives .290-291 

Vice President by Electoral College .290-291 

By Senate . 291 

National .287-289 

Electoral College .289-290 

Electoral Commission .291-292 

Eminent Domain . 220 

Enabling Act . 333 

Enactment of Laws.242-243 

Executive Departments (Cabinet) : State .307-308 

Treasury .311-312 

War .312-313 

Justice .313-314 

Postal . 314 








































INDEX 


xxi 


Pages. 

Navy . 315 

Interior . 315 

Agriculture .315-317 

Commerce and Labor . 317 

Extradition of Fugitives From Justice. 333 

Filibustering .241-242 

Franking Privileges . 248 

Freedom, Personal . 216 

Gerrymandering .225-226 

Government: Federal . 197 

Colonial .<.198-205 

Confederation .206-207 

Two Ideas of ... 209 

Three Great Compromises of . 210 

Virginia Plan of . 210 

Three Branches of . 222 

Hague, The . 327 

House of Representatives: Officers .229-230 

Inauguration.214,293-294 

Income Tax . 251 

Impeachments : Originate . 329 

Trial .329-331 

Judgment .330-331 

Cases of . 330 

International Arbitration . 326 

Internal Revenue . 254 

Interstate Commerce . 257-258 

Judiciary System: Kinds of Courts . 319 

Supreme . 322 

Circuit Court of Appeals . 323 

Commerce . 324 

District . 324 

Customs Appeals . 325 

Claims .325-326 

Territorial . 327 

Military . 220 

Jurisdiction .323-324 

Judges: Tenure of Office . 320 

Salaries. 320 









































xxii INDEX 

Pages. 

Jury Trials .218-219 

Law Making . 240-243 

Mace . 229 

Mileage . 248 

Money .263-264 

National Elections . 289 

Naturalization .259-261 

Navy ...272,297-299, 302, 315, 350 

New States . 333 

Northwest Territory . 206 

Oath of Office .T.238, 294, 336 

Parcels Post . 267 

Passports.308-311 

Patents .268-269 

Personal Freedom . 216 

Piracy .270-271 

Pocket Veto .242-243 

Population of United States by Decades .. 359 

Postal Savings Banks .267-268 

Postal Service (9) and System .265-268,314 

Preamble to Constitution . 215 

President: Qualifications . 292 

Election by Electoral Colleges .289-290 

Or by House of Representatives .290-291 

Succession .292-293 

Salary . 293 

Term of Office . 283 

Inauguration.293-294 

Military Power .297-298 

Executive Departments . 298-299 

Pardon Power . 299 

Treaty Power .299-300 

Appointing Power .301-302 

Execute Laws .305-306 

Cabinet . 307-313 

Messages . 303 

Veto .242-243 

Protection of States . 335 








































INDEX xxiii 

Pages. 

Quorum in Congress .238,245 

Regulating Commerce .257-258 

Reserved State Rights . 221 

Revenue Bills . 249 

Rights of Citizens . 332 

Searches and Seizures. 218 

Secession .‘.207, 337-38 

Senate: Composition . 231 

Presiding Officers . 234 

Other Officers . 234 

Election of Vice President . 291 

Senators: Qualifications .233-234 

Term . 232 

Salary . 247 

Classes . 232 

Election .231-232 

Oath of Office . 238 

Vacancies . 233 

Voting of . 240 

Stamp Act . 199 

State Comity . 332 

States: Admission . 333 

Formed by Division . 333 

State Statistics . 360 

Tariff Theories . 254 

Taxes: Kinds—Direct and Indirect .250-251 

Income . 251 

Territory and Its Acquisition .334, 359 

Territorial Courts . 327 

Territory: Control . 334 

Acquisition . 359 

Growth .334, 359 

Delegates. 228 

Commissioners. 228 

Treason . 331 

Treaties .299-300 

Trial Rights . 218-219-220 

Union Among the Colonies . 198 

Veto .242-243 

Vice President: Election .284,291-292 

President of Senate . 234 

As President .292-293 

Voters . 223 

Voting in Congress . 240 

War: Declaration of . 271 

Army and Navy .272-273 

Militia .. 273 



























































































































































STATE GOVERNMENT 


INTRODUCTION 

GOVERNMENT AND ITS DEVELOPMENT 



The Most Primitive Peoples.—Travelers who have 
penetrated to the almost inaccessible parts of Australia 
and Central Africa tell of meeting in those remote re¬ 
gions tribes of savages that attack every one they come 
in contact with 


who does not be¬ 
long to their own 
tribe. These tribes 
a r d exceedingly 
primitive in their 
mode of life, rely- 
i n g on spears, 
boomerangs, and 
like weapons for 
their defense. They 
live in huts and 
subsist largely on 
the fruits that 
grow wild around 
them. They recog¬ 
nize no law except 
tribal custom, and 
no government ex¬ 
cept the leadership 
of their chieftains. 

They are the most 

barbarous, uncivilized people in the world. Between 


Courtesy of Silver, Burdett & Co. 

Primitive Inhabitants of Australia, Called 
“Black Fellows.” They Are Not Ne¬ 
groes. The Man Nearest the Boy 
Has Boomerangs in His Hands. 


1 




2 


CIVICS: TEXAS AND FEDERAL 



them and their primitive conditions and the peo¬ 
ple of our own great country, with all its splendor and 
enlightenment, is a tremendous gap. Every step of the 
way between is marked by a steady growth in civiliza¬ 
tion and by government constantly becoming more com¬ 
plex. 

The Policy of Exclusiveness.—In the past many coun¬ 
tries shut themselves off from the rest of the world by 
laws forbidding foreigners coming into them. China 
even went so far in her policy of exclusiveness as to 

rr . . 


Courtesy of Dallas News. 

The Great Wall of China. 




CIVICS: TEXAS AND FEDERAL 


3 


build a great wall to keep out her warlike neighbors. 
Japan, until Commodore Perry, with a United States 
fleet, forced an entrance into the harbor of Tokyo 
in 1854, was a land unknown to the civilized world. 
Nothing was known of these great countries except ex¬ 
aggerated tales brought back by the few adventurers 
who under the guise of natives succeeded in visiting 
them. Even today, in a remote part of the Himalaya 
Plateau, in Central Asia, one little government, that of 
Tibet, still refuses entrance to foreigners, and a recent 
English exploring expedition was conducted with very 
great peril. 

When such countries first began to admit foreigners 
it was solely to enable the merchants to exchange the 
wares of their own people for the products of other 
countries. At first a few ports, called treaty ports, were 
agreed upon as places to which the foreigners might 
come, and they were not allowed to journey inland, or to 
visit other ports. There was no desire on the part of 
these nations to cultivate friendly relations with their 
more civilized neighbors, so nothing was done to facili¬ 
tate intercourse. For example, when other countries 
were connected by postal service, and the mails came 
and went with regularity, the only means of transmit¬ 
ting letters to or from the treaty ports was by giving 
them to friendly sea captains or getting them in the pri¬ 
vate mail sacks of the representatives of the treaty na¬ 
tions living there. 

How the Need of Government Arises.—Amongst the 
nomadic tribes of Bedouins in Western Asia that move 
with their flocks and herds from one feeding ground to 
another, just as was the case amongst the tribes of 
Indians that once roamed Over our own country, there 
is need of few laws. The interests of all the members 
of the tribe are the same, property is largely held in 


4 


CIVICS: TEXAS AND FEDERAL 


common, the wants of the individual are few. But when 
such a tribe becomes settled in one place, each member 
of the tribe soon begins to acquire property for himself, 
and there arises a natural desire to hold it securely and 
peacefully so as to enjoy it. This leads to a demand 
for laws. Laws are rules of conduct obligatory upon all 
and usually carrying fixed penalties to be imposed on 
those guilty of failure to obey them. But as these laws 
must be enforced fairly toward all members of the tribe 
to be any protection, there follows a demand for an or¬ 
ganized government with means and power to enforce 
the laws. 

Kinds of Governments.—While it is probable that all 
government had the same simple beginning, history 



Courtesy of Dallas News. . 

A Public Park in San Antonio. 


teaches us that at an early date most of the different 
peoples had lost their right to make their own laws and 
to govern themselves. It is' likely that this came about 
through some chieftain or wealthy man being able to 
assume, by means of his strength, the right to make and 


CIVICS: TEXAS AND FEDERAL 


5 


enforce the laws, and to transmit at his death that 
power to one of his heirs. Thus might be laid the 
foundation of a long line of rulers all belonging to the 
same family. The present King of England can trace 
his line back nearly nine hundred years to William the 
Conqueror. 

There are two kinds of governments—monarchies and 
republics. A monarchy is a government ruled by a sin¬ 
gle person, called the monarch or sovereign. At his 
death the throne descends to his eldest son, or, in case 
he has no sons, then to some other member of his fam¬ 
ily as provided by law or custom. 

A monarchy in which there are no limitations on the 
powers of the monarch is called an absolute monarchy. 
Until recently China, Turkey, and Russia were absolute 
monarchies, but it is doubtful whether there is any ab¬ 
solute monarchy today. A monarchy in which the 
powers of the monarch are limited by a constitution is 
called a limited monarchy. Germany and Italy are lim¬ 
ited monarchies. King, emperor, sultan, czar, shah, and 
mikado are different names for monarchs. 

A republic is a government in which the supreme 
power rests in all, or in a considerable part of the adult 
citizens, and is exercised by representatives elected by 
them and responsible to them. The ruler is elected for 
a fixed term of years and is known as the President. 
The United States of America, France, Switzerland, 
Mexico, China, and most of the countries of Central and 
South America are republics. 

Government Becomes Complex as Civilization Ad¬ 
vances.—As countries advance in civilization their rela¬ 
tions with other countries become closer, wars become 
less frequent, cities become larger and more numerous, 
life becomes more complex, and the demands on the 
government become more varied and far-reaching. 


6 


CIVICS: TEXAS AND FEDERAL 


Let us com¬ 
pare life in a 
rural commu¬ 
nity with that 
in a city. In 
the country, 
people are 
scattered, be- 
i n g engaged 
A Farm Home Near Krum, Texas. • n work on 

farms; consequently, there is little likelihood of dis¬ 
agreements arising among them, and it takes few officers 
to enforce the laws. In the cities many people 
live and labor close to one another, the struggle 
for existence is keener, and there are many oppor¬ 
tunities for disagreement. Some of those disagreeing 
may attempt to resort to force to maintain their 
views, or rights. Many officers are needed to see that 
they do not break the law and interfere with the 
rights of others. In the country each farmer can easily 
provide his own water supply by means of springs or 
wells, and, surrounded by broad fields, he can dispose 
of the garbage and sewage from his house without the 
aid of his neighbor and without endangering the health 
of others. But in the cities, where thousands of people 
often live in an area that would only make one farm, it 
is essential either to sink very deep wells or to bring the 
water supply from rivers, or lakes, at a considerable dis¬ 
tance from the city; it is also necessary to provide sew¬ 
age systems to carry off the sewage, and garbage wagons 
to collect the garbage from the homes, as a means of 
guarding against disease. Parks must also be furnished 
that the people may have “breathing spots.” Fire de¬ 
partments are needed to keep fires from destroying 
large amounts of property. It is impossible for each 






CIVICS: TEXAS AND FEDERAL 


7 



resident to 
furnish these 
things for 
himself, inde¬ 
pendently o f 
his neighbor. 

Hence, in 
cities, the gov¬ 
ernment pro¬ 
vides them, 
and many oth¬ 
er things, for 
the comfort, 
health and 
happ iness of 
all the people, 
just as in the 
country it 
builds the 
roads and the 
bridges for 
their conven¬ 
ience. To do all This Street in New York City Is Less Than 
, i ,i • One-half Mile Long, and With the Buildings 

t II e S e tnings on Both Sides Covers 17 Acres. 2,165 Families, 

requires many Including 12,015 People, Live on It. 

officials, many special laws, and a much more compli¬ 
cated or highly organized government. 



The Causeway Connecting Galveston Island With the Main Land. 





8 


CIVICS: TEXAS AND FEDERAL 


THOUGHT QUESTIONS 

1. What phase of government prevails among primitive tribes? 

2. How is leadership determined and maintained among the 
primitive peoples? 

3. As civilization advances what is the tendency of govern¬ 
ment? 

4. What was the policy of the Orientals towards Europeans 
previous to the nineteenth century? 

5. How was national exclusiveness first overcome? 

6. Who invade a country first—traders or missionaries? 

7. Compare the need for laws of the Bedouin and of the 
Anglo-Saxon. 

8. What is a law? 

9. Compare the selection of a monarch and of a president. 

10. Trace the influence of the “war spirit” in the selection of 
the first ruler of England, and of the United States. 

11. In a government sense, compare (1) a president and a 
monarch; (2) a republic and a monarchy. 

12. What is the prevailing type of governments in America? 
Give some reason for the prevalence of this type. 

13. Why is a farmer subject to fewer laws than .a person 
living in a city? 

14. Distinguish between a special and a general law. 


CHAPTER 1 


THE EARLY GOVERNMENT OF TEXAS 

Under Spanish Domination.—The early history of 
Texas is interwoven with that of Mexico, as Texas was 
part of that country until her secession in 1836. In 
1727, Texas, under the name of New Philipenas, became 
a province of Spain and was allowed almost entire con¬ 
trol of her governmental affairs. The long rivalry be¬ 
tween France and Spain over the ownership of Mexico 
was ended, in 1763, by the cession of the Louisiana Ter¬ 
ritory to Spain by France, as a protective measure 
against England, their common enemy. In 1801 the 
Louisiana Territory was secretly ceded back to France, 
and two years later, France sold it to the United States. 
This sale involved Spain and the United States in a 
boundary line difficulty, which was adjusted, in 1819, by 
a treaty, by the terms of which the United States pur¬ 
chased Florida and surrendered all claims to any Span¬ 
ish territory west of the Sabine River. 

The Mexican Revolution.—The Mexicans had attempt¬ 
ed to throw off Spanish rule in 1812, and were in a revo¬ 
lutionary state till success crowned their efforts in 1821. 
On February 24th of that year the Federal leaders 
established a limited constitutional government with de 
Iturbide (da e tdor be' tha) as President. With a de¬ 
sire to become an absolute ruler, de Iturbide soon had 
himself proclaimed Emperor, and thereafter exercised 
arbitrary rule over his people. The Mexicans, having 
thrown off Spanish despotism, would not endure the 
tyranny of a self-proclaimed Emperor. In their revolu¬ 
tion of 1823-1824 they dethroned de Iturbide, and by 
the Constitution Act of 1824, changed their empire into 


10 


CIVICS: TEXAS AND FEDERAL 


a republic, called the “Federal States of the Republic of 
Mexico.” Texas remained true to this constitutional 
government as long as her interests were recognized by 
Mexico. 

Union of Texas and Coahuila.—Previous to the Con¬ 
stitution of 1824 Texas had been a separate province. 
Under this act the provinces of Texas and Coahuila (k5 
a we f la) were united as the “State of Texas and Coahui¬ 
la,” but a provision was inserted guaranteeing separate 
statehood to Texas as soon as her population justified a 
separate government. The “State of Texas and Coa¬ 
huila,” on March 11, 1827, adopted a constitution in con¬ 
formity with the Mexican Federacy Constitution of 
1824. Under the Constitution of the Mexican Federacy, 
the right to legislate on all subjects relating to the Fed¬ 
eracy was conceded to the General Congress, and legis¬ 
lation on all subjects relating to the internal government 
of the states was left to the individual states. 

The State Congress.—The legislative power of the 
“State of Texas and Coahuila” was vested in a Congress 
composed of twelve deputies and six substitute deputies, 
who were elected by popular vote. The number of dep¬ 
uties was to be increased on a basis of population. This 
Congress met annually. In addition to the power to 
enact laws, Congress had the power to interpret its own 
enactments. A deputation of three members was chosen 
at the beginning of the annual sessions of Congress and 
was empowered to call extra sessions, and to adopt 
needful temporary measures subject to the action of 
Congress when next in session. 

The Executive Power.—The executive power was 
vested in the governor and vice governor. Each was 
elected by the people for a term of four years. The gov¬ 
ernor was assisted by a council of five members. In each 
of the three divisions of the State there was a depart- 


CIVICS: TEXAS AND FEDERAL 


11 


ment chief of police who helped to administer the gov¬ 
ernment under the direction of the governor. 

Municipal Government.—In each town there was es¬ 
tablished an ayuntamiento (a yubn ta myan'to) consist¬ 
ing of an alcalde (al kal'da), a sindico (sen de'ko) and 
regidores (ra he tho' ras). A city council of a Texas 
city would be an administrative body similar to the old 
Mexican ayuntamiento, except that it would lack the po¬ 
lice power that was vested in that body. A mayor, with 
the further functions of a judge, would be a typical 
alcalde; aldermen, with the additional powers and duties 
of the police, would be typical regidores; and the corpo¬ 
ration clerk, or city secretary, would take the place of a 
sindico. 

State Religion.—Under the constitution, Roman 
Catholicism was made the state religion and was given 
state support. Worship in any other church was pro¬ 
hibited. 

Administration of Justice.—Trial by jury was en¬ 
joined in grave offenses, but minor offenses were ad¬ 
justed by the alcalde, and penalties were imposed by him 
according to law. Civil cases were adjusted by arbitra¬ 
tion. The Supreme Court of the “State of Texas and 
Coahuila,” consisting of three chambers, was established 
at Coahuila, the capital. 

Education.—Higher education, as well as primary 
education, was provided for in the constitution of the 
“State of Texas and Coahuila,” but nothing was done to 
establish schools. Failure to do this was one of the 
Texans’ grievances against Mexico. 

Texas Discontent.—Under liberal colonization laws the 
development of Texas was rapid, but her interests were 
jeopardized by her union with Coahuila for govern¬ 
mental purposes. These two territorial divisions of the 
Republic had no interests in common. The citizenship 


12 


CIVICS: TEXAS AND FEDERAL- 



of Coahuila was Mexican, while that of Texas was from 
the United States. The meeting of Congress and the 
sitting of the Supreme Court at Coahuila caused much 
discontent in Texas. Three-fourths of the Congress¬ 
men were from what was originally the State of Coa¬ 
huila. This disproportionate representation in the State 
Congress caused legislation adverse to Texan interests. 
The laws enacted by Congress were published in the 
Mexican language, and this contributed to their unin¬ 
tentional violation by Texans, for the reason that most 
of them could not read Spanish. Texas had been prom¬ 
ised a separate State government as soon as her popula- 


Courtesy of Mrs. L. W. Greathouse. 

Oak Trees at Columbia, Under Which the First Texas Con¬ 
gress Met in 1836. 

tion justified it. In order to secure a fulfillment of this 
promise, conventions of Texans held at San Felipe (sail 
fa le'pa) in 1832 and 1833 demanded of Mexico the re¬ 
dress of the Texan grievances relating to governmental 
discrimination, but the revolutionary condition of Mex- 









CIVICS: TEXAS AND FEDERAL 


13 


ico at the time prevented favorable action, even had 
Mexico been disposed to grant it. Mexico’s failure to 
act caused the Texans to revolt. 

General Consultation of 1835.—A convention was 
called to meet at San Felipe on October 16, 1835. For 
want of a quorum the convention adjourned to Novem¬ 
ber 1st and then to November 3d, when the convention, 
or consultation, as it was called, issued a formal declara¬ 
tion of purpose, organized a provisional government, 
and provided for the organization and maintenance of 
an army. 


THOUGHT QUESTIONS 

1. Why did France cede “The Louisiana Territory” to Spain? 

2. Why was the treaty of 1819 so bitterly denounced by many 
thoughtful Americans? 

3. Why was de Iturbide despised by Mexicans? 

4. Were Texans loyal to the Republic of Mexico? 

5. Under what pledges did Texans acquiesce in the Union of 
Texas and Coahuila? 

6. Under the Mexican Federacy what legislative compromise 
was effected between the Federacy and the separate States? 

7. What power had the Mexican Congress that is not con¬ 
sistent with the generally accepted “powers of Congress?” 

8. Compare municipal government in the State of Texas and 
Coahuila with that in Texas. 

9. Was there ever a state religion in Texas? 

10. Under what conditions was a “jury trial” admissible un¬ 
der the Federacy? 

11. What were the objections of Texas to a continuous union 
with Coahuila? 

12. What was a Consultation? 


CHAPTER II 


THE REPUBLIC OF TEXAS 

Declaration of Independence.—In their formal decla¬ 
ration of independence made at Washington, March 2, 
1836, Texans advised the settlement of all questions at 
issue by the sword. 


The Unanimous 

DECLARATION OF INDEPENDENCE 
Made by the 

DELEGATES OF THE PEOPLE OF TEXAS. 

*When a government has ceased to protect the lives, liberty 
and property of the people, from whom its legitimate powers are 
derived, and for the advancement of whose happiness it was in¬ 
stituted, and, so far from being a guarantee for the enjoyment of 
those inestimable and inalienable rights, becomes an instrument 
in the hands of evil rulers for their oppression: When the Fed¬ 
eral Republican Constitution of their country, which they have 
sworn to support, no longer has a substantial existence, and the 
whole nature of their government has been forcibly changed, 
without their consent, from a restricted federated republic, com¬ 
posed of sovereign states, to a consolidated, central, military 
despotism, in which every interest is disregarded but that of the 
army and the priesthood—both the eternal enemies of civil lib¬ 
erty, the ever-ready minions of power, and the usual instruments 
of tyrants: When, long after the spirit of the constitution has 
departed, moderation is, at length, so far lost by those in power 
that even the semblance of freedom is removed, and the forms, 
themselves, of the constitution discontinued; and so far from 
their petitions and remonstrances being regarded the agents who 
bear them are thrown into dungeons; and mercenary armies sent 
forth to force a new government upon them at the point of the 
bayonet: When in consequence of such acts of malfeasance and 
abdication, on the part of the government, anarchy prevails, and 
civil society is dissolved into its original elements. In such a 


*To the Teacher.—Let the class spend one or two recitation 
periods reading and discussing the Declaration of Independence. 


14 



CIVICS: TEXAS AND FEDERAL 


15 


crisis, the first law of nature, the right of self-preservation—the 
inherent and inalienable right of the people to appeal to first 
principles and take their political affairs into their own hands in 
extreme cases—enjoins it as a right towards themselves and a 
sacred obligation to their posterity to abolish such government 
and create another, in its stead, calculated to rescue them from 
impending dangers, and to secure their future welfare and hap¬ 
piness. 

Nations, as well as individuals, are amenable for their acts to 
the public opinion of mankind. A statement of a part of our 
grievances is, therefore, submitted to an impartial world, in 
justification of the hazardous but unavoidable step now taken of 
severing our political connection with the Mexican people, and 
assuming an independent attitude among the nations of the 
earth. 

The Mexican government, by its colonization laws, invited and 
induced the Anglo-American population of Texas to colonize its 
wilderness under the pledged faith of a written constitution that 
they should continue to enjoy that constitutional liberty and re¬ 
publican government to which they had been habituated in the 
land of their birth, the United States of America. In this ex¬ 
pectation they have been cruelly disappointed, inasmuch as the 
Mexican nation has acquiesced in the late changes made in the 
government by General Antonio Lopez de Santa Anna, who, hav¬ 
ing overturned the constitution of his country, now offers us 
the cruel alternative either to abandon our homes, acquired by so 
many privations, or submit to the most intolerable of all tyranny, 
the combined despotism of the sword and the priesthood. 

It has sacrificed our welfare to the state of Coahuila, by which 
our interests have been continually depressed through a jealous 
and partial course of legislation carried on at a far distant seat 
of government, by a hostile majority, in an unknown tongue; 
and this too, notwithstanding we have petitioned in the humblest 
terms, for the establishment of a separate state government, and 
have, in accordance with the provisions of the national constitu¬ 
tion, presented to the general Congress a republican constitution 
which was, without just cause contemptuously rejected. 

It incarcerated in a dungeon, for a long time, one of our citi¬ 
zens, for no other cause but a zealous endeavor to procure the 
acceptance of our constitution and the establishment of a state 
government. 

It has failed, and refused to secure, on a firm basis, the right 
of trial by jury, that palladium of civil liberty, and only safe 
guarantee for the life, liberty, and property of the citizen. 

It has failed to establish any public system of education, al¬ 
though possessed of almost boundless resources (the public do¬ 
main) and, although, it is an axiom, in political science, that un¬ 
less a people are educated and enlightened it is idle to expect 


16 


CIVICS: TEXAS AND FEDERAL 


the continuance of civil liberty, or the capacity for self-govern¬ 
ment. 

It has suffered the military commandants stationed among us 
to exercise arbitrary acts of oppression and tyranny; thus tramp¬ 
ling upon the most sacred rights of the citizen and rendering the 
military superior to the civil power. 

It has dissolved by force of arms, the State Congress of Coa- 
huila and Texas, and obliged our representatives to fly for their 
lives from the seat of government; thus depriving us of the fun¬ 
damental political right of representation. 

It has demanded the surrender of a number of our citizens, 
and ordered military detachtpents to seize and carry them into 
the interior for trial; in contempt of the civil authorities, and in 
defiance of the laws and the constitution. 

It has made piratical attacks upon our commerce, by commis¬ 
sioning foreign desperadoes, and authorizing them to seize our 
vessels, and convey the property of our citizens to far distant 
ports for confiscation. 

It denies us the right of worshipping the Almighty accord¬ 
ing to the dictates of our own conscience; by the support of a 
national religion calculated to promote the temporal interests of 
its human functionaries rather than the glory of the true and 
living God. 

It has demanded us to deliver up our arms, which are essential 
to our defense, the rightful property of freemen, and formidable 
only to tyrannical governments. 

It has invaded our country, both by sea and by land, with in¬ 
tent to lay waste our territory and drive us from our homes; and 
has now a large mercenary army advancing to carry on against 
us a war of extermination. 

It has through its emissaries, incited the merciless savage, 
with the tomahawk and scalping knife, to massacre the inhabi¬ 
tants of our defenseless frontiers. 

It hath been, during the whole time of our connection with it, 
the contemptible sport and victim of successive military revolu¬ 
tions, and hath continually exhibited every characteristic of a 
weak, corrupt, and tyrannical government. 

These, and other grievances, were patiently borne by the peo¬ 
ple of Texas until they reached that point at which forbearance 
ceased to be a virtue. We then took up arms in defense of the 
national constitution. We appealed to our Mexican brethren for 
assistance. Our appeal has been made in vain. Though months 
have elapsed, no sympathetic response has yet been heard from 
the Interior. We are, therefore, forced to the melancholy con¬ 
clusion that the Mexican people have acquiesced in the destruc¬ 
tion of their liberty, and the substitution therefor of a military 
government—that they are unfit to be free and are incapable of 
self-government. 


CIVICS: TEXAS AND FEDERAL 


17 


The necessity of self-preservation, therefore, now decrees our 
eternar political separation. 

We, therefore, the delegates, with plenary powers, of the peo¬ 
ple of Texas, in solemn convention assembled, appealing to a 
candid world for the necessities of our condition, do hereby 
resolve and declare that our political connection with the Mex¬ 
ican nation has forever ended; and that the people of Texas 
do now constitute a free sovereign and independent republic, and 
are fully invested with all the rights and attributes whfcii prop¬ 
erly belong to independent nations; and, conscious of the recti¬ 
tude of our intentions, we fearlessly and confidently commit the 
issue to the decision of the Supreme Arbiter of the destinies of 
nations. 

Adoption of the Constitution.—The same convention, 
March 16, 1836, adopted the Constitution of the Republic 
of Texas, which was ratified by a popular vote on Sep¬ 
tember 1st of the same year. 

War With Mexico.—Santa Anna sought to enforce 
Mexico’s claim, but his army was defeated and he him- 



THE SURRENDER OF SANTA ANNA. 

The Original of This Picture—a Beautiful Painting—Hangs Op¬ 
posite the Entrance to the Governor’s Office in the 
State Capitol. 

self was made prisoner at San Jacinto, April 21, 1836. 
He signed a treaty of peace between Mexico and Texas 


18 


CIVICS: TEXAS AND FEDERAL 


May 14, 1836, and was liberated shortly afterwards and 
given safe conduct back to Mexico. In addition to this 
treaty of peace Santa Anna also signed a secret treaty, 
in which he pledged himself to use his influence in 
Mexico for the recognition of Texas independence by 
his Nation. Mexico repudiated this treaty of peace 
signed by Santa Anna, and he even influenced her to 
do it. 

Texas Admitted Into the Union.—Mexican oppres¬ 
sions and depredations were soon renewed, and became 
so continued and flagrant that sentiment in behalf of 
the young Republic was aroused in the United States. 
That country had been the first to recognize Texas, as 
an independent nation, being bound to her by ties of 
kinship, since most of the Texas colonists had come 
from beyond the Sabine River. A demand arose for the 
annexation of Texas, which was consummated in 1846, 
the movement meeting with little opposition except from 
the anti-slavery element north of the “Mason and Dixon 
line.” When Texas was admitted into the Union as a 
State, such changes were made in her Constitution as 
were necessary to meet the new conditions; for examole, 
all provisions were omitted relating to the exercise of 
national powers, as they belonged to the Federal Gov¬ 
ernment. 


THOUGHT QUESTIONS 

1. When and where was the Texas Declaration of Independ¬ 
ence signed? 

2. What is a treaty? 

3. When was the treaty signed that established the inde¬ 
pendence of Texas? 

4. When was the constitution of the Republic of Texas 
adopted ? 

5. When was Texas admitted into the Union? 

6. When was the first constitution of Texas adopted? 

7 . When was the last constitution of Texas adopted? 


CHAPTER III 


THE TEXAS CONSTITUTION OF 1876 

Reconstruction in Texas.—Texans had suffered many 
indignities and had been deprived of their natural and 
of their civil rights under the Constitution of 1869. This 
Constitution had been prepared under the direction of 
the United States military commander in Texas and 
was adopted by the people of the State in an effort to 
meet the conditions of Reconstruction. Remembering 
their indignities and deprivations, they expressly stated 
in the present Constitution (adopted in 1876) a long list 
of rights, already acknowledged by the Federal Consti¬ 
tution, rather than risk the chance that those rights, re¬ 
tained by every State of the Union, might some time not 
be recognized. 



Courtesy of Dallas News. 

The Birth-plaae of the Republic of Texas. The Capitol at Co¬ 
lumbia, Built in 1836. 

The Bill of Rights.—The most important of these 
rights, stated in the “Bill of Rights,” (Article I of the 
Constitution), are mentioned below: 

a. Texas is an independent State, subject only to the United 
States Constitution. 

b. Unimpaired local self-government must be preserved. 


19 



20 


CIVICS: TEXAS AND FEDERAL 


c. All political power is vested in the people, and all gov¬ 
ernments are founded by the people, and for the people. 

d. A republican form of government must be maintained. 

e. The right to alter or reform the government is reserved 
to the people. 

f. Equal civil rights are guaranteed to all, and special privi¬ 
leges allowed to none. 

g. Religious tests, except a belief in a Supreme Being, cannot 
be required as a test for suffrage, for office holding, or in judi¬ 
cial proceedings. 

h. No religious denomination shall be favored or discrimi¬ 
nated against, except that the State reserves the right to pro¬ 
tect society against every form of worship that has an im¬ 
moral tendency. 

i. Freedom of speech, and of the press is guaranteed to all, 
subject only to laws framed to prevent slander and libel. Slan¬ 
der is the crime of uttering reports that tend to injure the repu¬ 
tation of another; while libel is the crime of printing such re¬ 
ports. 

j. Security of person and property from search or seizure, 
except by legal process is guaranteed to all. This prevents offi¬ 
cers from searching us or our homes without warrants issued 
by competent authorities based upon sworn charges, or of arrest¬ 
ing us without similar warrants. An officer, however, may 
arrest without a warrant anyone caught in the act of breaking 
the law. 

k. Everyone indicted for a crime is entitled to a speedy and 
impartial trial in open court, with the compulsory attendance 
of witnesses; and to the employment of a lawyer for his defense, 
at the expense of the State if he is without means to provide 
one. 

l. Excessive bail shall not be required, nor unusual fines or 
penalties affixed. Bail is security given to the State that one 
arrested for crime, if set free, will appear for trial on the ap¬ 
pointed day. 

m. A second trial, after a verdict in a criminal case, is pro¬ 
hibited, except on the proper demand of the defendant. 

n. Every person shall be exempt from imprisonment for debt; 
from arrest under ex post facto laws, i. e., laws made after the 
crime is committed; from bills of attainder, i. e., taking away 
one’s right to vote and hold office; from banishment without the 
State; from out-lawing; and from the suspension of the writ 
of habeas corpus, a writ which gives one the right to be brought 
at once before a court to show why he is being kept under 
arrest. 

o. Property rights shall be maintained inviolate, except that 
by the “right of domain,” the State has the power to appropriate 
any property for public use by giving reasonable compensation 
to the owner. 


CIVICS: TEXAS AND FEDERAL 


21 


p. Homes and other realty shall be free from military occu¬ 
pancy, except in time of war, and then only under prescribed 
regulations. 

q. Perpetuities, monopolies, or a law of primogeniture, i. e., 
giving to one’s oldest son the exclusive right to inherit his 
father’s estate, shall not be permitted. 

r. The right of peaceable assembly, of petition, of address, 
or of remonstrance, shall never be denied to citizens of the 
State. 

s. The military forces shall always be subject to the civil 
authority of the State, and the suspension of laws shall never 
be permitted except by act of the Legislature. 

t. The right to bear arms to protect one’s self shall not be 
prohibited, but it may be regulated by law. The Legislature 
has made it unlawful to carry concealed arms. 

The Bill of Rights of the Constitution of 1876 is 
materially different from that of the Constitution of 
1869. 


THOUGHT QUESTIONS 

1. What is the significance of “Texas Under Six Flags?" 
Name the flags in order. 

2. How many Constitutions has the State of Texas had? 

3. What is the significance of “Reconstruction" in Texas? 

4. Why has the Texas Constitution so many enumerated 
“rights ?" 

5. Name the five “rights" that you consider most important, 
and give your reasons. 

6. What is meant by local self-government? 

7. What are civil rights? 

8. What is meant by freedom of speech? Of the press? 

9. What is a search warrant? 

10. What is the “right of domain?" Illustrate. 

11. What is meant by “martial law?" Under what circum¬ 
stances is martial law justifiable? 

12. ,What is meant by “concealed arms?" 


CHAPTER IV 


THE THREE BRANCHES OF GOVERNMENT 

The Three Branches.—In all republics and limited 
monarchies there are three branches to the government. 
Each is as free from and independent of the others as is 
consistent with the stability and safety of the govern¬ 
ment. These three branches are the legislative, or law¬ 
making; the executive, or law-enforcing; and the judi¬ 
cial, or law-interpreting. In Texas the legislative 
branch consists of the Senate and House of Representa¬ 
tives ; the executive branch consists of the governor, 
lieutenant governor, attorney general, comptroller of 
public accounts, treasurer, superintendent of public in¬ 
struction, commissioner of the general land office, com¬ 
missioner of agriculture, three railroad commissioners, 
and the various minor officers appointed by the gov¬ 
ernor; the judicial branch consists of the Supreme Court 
and the various inferior courts. 

Government by the People.—It is the theory of our 
government that the laws are representatively made by 
the people and for the people. If all the people were al¬ 
lowed to assemble to help to make the laws we would 
have a pure democracy, but in no country and at no time 
was this right ever conferred on all the people. Even un¬ 
der the most liberal suffrage laws, children have been ex¬ 
cluded from such democratic assemblies. In most states of 
the United States, and in most foreign countries, women 
are also excluded. It is impracticable for all the quali¬ 
fied voters of even a little state like Rhode Island, much 
less so for those of an enormous one like Texas, to as¬ 
semble to enact laws for their State. It results, there¬ 
fore, that we are governed by representatives, that is, 
the power to enact laws is delegated to representatives 
chosen for that purpose by the qualified voters. 


22 


CIVICS: TEXAS AND FEDERAL 


23 


Importance of the Legislative Branch.—Persons some¬ 
times think that we have all the laws that we need, and 
that the legislative branch of the government has little 
work to do. But this is a false notion, for as a people 
advance in social, moral, and political knowledge; as 
their environment changes; and as their ability to dis¬ 
cover and appropriate the latent riches of nature in their 
soil, and in their mineral and water resources, increases, 
new conditions arise which must be adjusted by new 
laws that will conserve the interests of the people of the 
whole commonwealth. Hence, the legislative branch of 
government is a necessity, and it is the duty of the rep¬ 
resentatives of the people to study the social and com¬ 
mercial conditions of their state, and the relation of 
their state to other states; and then to make laws that 
will best promote the present and future welfare of the 
people they represent. 

The Executive Branch.—As our laws are mainly com¬ 
promises of our social interests and inhibitions of our 
natural rights, there is a tendency on the part of the 
citizens to violate them. To prevent this there is need 
for a department that will enforce the laws impartially. 
This department constitutes the executive branch of the 
government. Upon the success attending its efforts de¬ 
pends the dignity of the State, and the happiness of the 
people. 

We are all familiar with recent events in Mexico, and 
know the evil consequences arising there from a 
weak enforcement of the law. Our constitution and 
laws aim to give the executive branch all the power 
essential to a swift and firm enforcement of law under 
all conditions. This branch should never question the 
justice or constitutionality of a law, but should enforce 
all laws impartially. The quickest way to get rid of a 
bad law, if it is one that the people will recognize as 


24 


CIVICS: TEXAS AND FEDERAL 


contrary to their best interests, is to enforce it so that 
the people may learn what it is and see to it that their 
representatives repeal it. 

The Judicial Branch. —It is the work of this branch of 
government to interpret and apply the laws passed by 
the legislative branch; to investigate facts and alleged 
illegal acts. This is done by means of law suits, in which 
is involved the conformity of individual acts with the 
law, or the conformity of the law with the spirit of the 
Constitution of the State, and of common law principles. 
This branch alone has the right to declare laws uncon¬ 
stitutional, and until it has so spoken it is the duty of 
the executive department to enforce them, and of good 
citizens to obey them. 

THOUGHT QUESTIONS 

1. In what respect did the states of the Mexican Federation 
lack the advantages of the “three branches of government?” 
The American colonies under the Articles of Confederation? 

2. Should an unjust law be obeyed? Why? 

3. Should an unimportant law be obeyed? Why? 

4. Does “ignorance of the law” excuse anyone from its pen¬ 
alties? Why? 

5. Name some Texas laws that are frequently violated with 
impunity. What should be done under such circumstances? 





CHAPTER V 

THE TEXAS LEGISLATURE 

How Constituted. —The legislative power of Texas is 
vested in a Senate and House of Representatives, which 
together are styled “The Legislature of the State of 
Texas.” This method, as a State choice, is in conformity 
with the Constitution of the United States, which pro¬ 
vides that Congress shall consist of two houses. Senators 
represent a larger constituency, as generally apportioned, 
than do the members of the House of Representatives, or 
the “lower house,” as it is frequently called. This tends 
to delocalize legislation and is a check against hasty or 
passionate acts, but disadvantages sometimes arise. 

The Legislature of Texas holds regular biennial ses¬ 
sions, beginning on the second Tuesday in January of 
odd numbered years, and may meet in special sessions at 
the call of the governor. A special session can not last 
more than thirty days. 

Membership in the Senate. —The Texas Senate con¬ 
sists of thirty-one members, whose term of office is four 
years. The State is divided into thirty-one senatorial 
districts, none of which can contain less than one county. 
When a district contains more than one county the 
counties must be contiguous. After each federal census 
the State must be redistricted by the Legislature. When 
the State is redistricted a new Senate is elected. Members 
of the Senate are divided by lot into two classes. The 
terms of one class expire in two years; those of the other 
class in four years. Since after this all the senators are 
elected for four-year terms, it results that the members of 
the first class have a two-year term following a new ap¬ 
portionment, and those of the other class a two-year 
term preceding the next apportionment. 


25 


26 


CIVICS: TEXAS AND FEDERAL 



Courtesy of Dallas News. 


Senate Chamber. 


State Senatorial Districts.— 


1. Bowie, Cass, Marion, Mor¬ 

ris. 

2. Red River, Titus, Franklin, 

Hopkins, Delta. 

3. Lamar, Fannin. 

4. Cooke, Grayson. 

5. Collin, Hunt, Rains. 

6. Dallas, Rockwall. 

7. Van Zandt, Smith, Wood, 

Camp, Upshur. 

8. Gregg, Rusk, Harrison, Pa¬ 

nola, Shelby. 

9. Navarro, Kaufman, Hender¬ 

son. 

10. Ellis, Johnson, Hill. 

11. McLennan, Falls, Milam. 

12. Freestone, Limestone, Rob¬ 

ertson, Brazos. 

13. Anderson, Cherokee, Hous¬ 

ton, Trinity, Angelina. 

14. Newton, Jasper, Orange, 

Jefferson, Hardin, Tyler, 
Sabine, San Augustine, 
Nacogdoches, Liberty. 

15. San Jacinto, Montgomery, 

Walker, Grimes, Madison, 
Leon, Polk. 


1G. Harris, Waller, Fort Bend. 

17. Wharton, Matagorda, Bra¬ 

zoria, Galveston, Cham¬ 
bers. 

18. Austin, Fayette, Colorado, 

Lavaca. 

19. Washington, Burleson, Lee, 

Bastrop. 

20. Lampasas, Williamson, 

Burnett, Travis. 

21. Blanco, Hays, Comal, Cald¬ 

well, Gonzales, Guadalupe. 

22. Aransas, Atascosa, Bee, 

Brooks, Calhoun, De Witt, 
Frio, Goliad. Jackson, Jim 
Wells, Karnes, Live Oak, 
Refugio, Victoria, Wilson. 

23. Cameron, Dimmitt, Duval, 

Hidalgo, La Salle, McMul¬ 
len, Nueces, San Patricio, 
Starr, Webb, Willacy, Za¬ 
pata. 

24. Bandera, Bexar, Gillespie, 

Kendall, Kerr. 



























CIVICS: TEXAS AND FEDERAL 


27 


25. Brewster, Coke, Crockett, 

Culberson, Edwards, El 
Paso, Irion, Jeff Davis, 
Kimble, Kinney, Mason, 
Maverick, Medina, Me¬ 
nard, Pecos, Presidio, Rea¬ 
gan, Reeves, Schleicher, 
Sterling, Sutton, Terrell, 
Tom Green, Uvalde, Val 
Verde, Zavalla. 

26. Brown, Coleman, Coman¬ 

che. Concho, Erath, Llano, 
McCulloch, Mills, Runnels, 
San Saba. 

27. Bell, Bosque, Coryell, Ham¬ 

ilton. 

28. Andrews, Borden, Callahan, 

Crane, Dawson, Eastland, 
Ector, Fisher, Gaines, 
Garza, Glasscock, Haskell, 
Howard, Jones, Kent, 
Loving, Lynn, Martin, 
Midland, Mitchell, Nolan, 
Palo Pinto, Scurry, Shack¬ 


elford, Stephens, Stone¬ 
wall, Taylor, Terry, Up¬ 
ton, Ward, Winkler, Yoak¬ 
um. 

29. Archer, Armstrong, Bailey, 

Baylor, Briscoe, Carson, 
Castro, Childress, Clay, 
Cochran, Collingsworth, 
Cottle, Crosby, Dallam, 
Deaf Smith, Dickens, 
Donley, Floyd, Foard, 
Gray, Hale, Hall, Hans¬ 
ford, Hardeman, Hartley, 
Hemphill, Hockley, Hutch¬ 
inson, Jack, King, Knox, 
Lamb, Lipscomb, Lub¬ 
bock, Moore, Motley. Ochil¬ 
tree, Oldham. Parmer, 
Potter. Randall, Roberts, 
Sherman, Swisher, Throck¬ 
morton. Wheeler, Wichita, 
Wilbarger, Young. 

30. Hood, Parker, Somervell, 

Tarrant. 

31. Denton, Montague, Wise. 


Qualifications of Senators. —In order to be eligible to 
the office of senator one must possess the following 
qualifications: 

a. Must be at least 26 years of age. 

b. Must be a male citizen of the Unit'd States. 

c. Must be a qualified voter in Texao. 

d. Must be a resident of Texas for the five years next pre¬ 
ceding his election. 

e. Must be a resident of his district for one year next pre¬ 
ceding his election. 

The salary of a senator is fixed by law and at present 
is five dollars a day for the first sixty days of the ses¬ 
sion, and after that not to exceed two dollars a day for 
the remainder of the session. Senators are also entitled 
to their traveling expenses, going to and returning from 
the capital once during the session. This is called mile¬ 
age and is computed on the basis of twenty cents for 
each mile actually traveled. 

Membership in the House of Representatives. —The 
Texas House of Representatives in 1913 consisted of 142 
members. Under the constitution the number is varia¬ 
ble, but can never exceed 150. The term of office is two 


28 CIVICS: TEXAS AND FEDERAL 

years. An entirely new House of Representatives is 
elected every even year. Representatives are appor¬ 
tioned among the counties according to their population 
as shown by the last federal census. The ratio of repre¬ 
sentation is obtained by dividing the population of the 
state by 150. Each county is entitled to as many repre¬ 
sentatives as this ratio is contained in its population. A 
county that lacks enough people to entitle it to a repre¬ 
sentative of its own is attached to one or more contiguous 



Courtesy of Dallas. News. 

Hall of House of Representatives. 


counties, forming a joint district. When a county is en¬ 
titled to a fractional representative in addition to one or 
more full representatives, it may be joined with enough 
contiguous counties entitled to fractional representatives 
to entitle them together to be formed into an additional 
district, called a flotorial district. The representative 





CIVICS: TEXAS AND FEDERAL 


29 


sent by such a district is known as a “floater.” There 
are twenty-three flotorial districts. 

State Representative Districts. —The Thirty-second 
Legislature divided the State into 127 State Representa¬ 
tive Districts. The following table shows what coun¬ 
ties each of them contains. F indicates a flotorial dis¬ 
trict; and a star (*), the county as a part of a flotorial 
district. When a district has more than one representa¬ 
tive the number is shown in parenthesis: 


1. Bowie. 

3. (F) Bowie(*), Cass:*), Ma- 

rion(*). 

4. Harrison. 

5. Panola. 

6. Rusk. 

7. Nacogdoches. 

8. Shelby. 

9. Sabine, Newton. 

10. San Augustine, Angelina. 

11. San Jacinto. 

12. Hardin, Liberty. 

13. Jefferson. 

14. (F) Jefferson(*), Liber- 

ty(*). Orange. 

15. Harris (4). 

16. Galveston. 

17. (F) Galveston(*), Cham¬ 

bers. 

18. Fort Bend, Waller. 

19. Brazoria, Matagorda. 

20. Walker. Trinity. 

21. Montgomery, Grimes. 

22. (F) Grimes:*), Brazos. 

23. Madison, Leon. 

24. Houston. 

25. Anderson. 

26. Cherokee. 

27. Smith. 

28. (F) Smith:*), Henderson. 

29. Van Zandt. 

30. Wood, Rains. 

31. Camp, Upshur. 

32. Titus. Morris. 

33. Red River. 

34. Hopkins. 

35. (F) Hopkins:*), Delta, 

Franklin. 

36. Lamar. 

37. Fannin. 

38. (F) Lamar:*), Fannin:*). 

39. Hunt. 

40 (F) Hunt:*), Rockwall. 

41. Collin. 

42. Grayson, (2). 


43. (F) Coliin(*), Grayson(*). 

44. Dallas (4). 

45. Kaufman. 

46. Denton. 

47. (F) Dallas:*), Kaufman:*). 

48. Cook. 

49. Montague. 

50. Wise. 

51. Parker. 

52. Tarrant (3). 

53. Johnson. 

54. tF) Tarrant:*), Denton:*). 

55. Ellis (2). 

56. Hill. 

57. Navarro. 

58. (F) Freestone:*), Navar- 

ro(*). 

59. tF) Hill(*), NavarroC*). 

60. Limestone. 

61. McLennan t2). 

62. Falls. 

63. :F) McLennan:*^, Lime¬ 

stone:*), Falls:*). 

64. Robertson. 

65. Milam. 

66. Bell. 

67. :F) Bell:*), Milam:*). 

68. Burleson, Lee. 

69. Washington. 

70. Fayette. 

71. Austin, Colorado. 

72. Lavaca. 

73. Wharton, Jackson. 

74. Victoria, Goliad, Calhoun. 

75. Aransas, Refugio, San Pa¬ 

tricio, Bee, Live Oak. 

76. Duval, Nueces, Jim Wells. 

77. Willacy, Cameron. 

78. Starr, Hidalgo, Brooks. 

79. Webb, Zapata. 

80. Frio, Atascosa, McMullen, 

LaSalle. 

81. Karnes, DeWitt. 

82. Gonzales. 

83. Guadalupe. 

84. :F) Wilson, Karnes:*). 


30 


CIVICS: TEXAS AND FEDERAL 


85. Bexar (4). 

8fi. Caldwell. 

87. Llano, Gillespie, Blanco, 

Kendall. 

88. Hays, Comal. 

89. Travis (2). 

90. Bastrop. 

91. Williamson. 

92. (F) Williamson(*), Bur¬ 

nett. 

93. Coryell, Lampasas. 

94. Mills, Hamilton. 

95. (F) Johnson (*), Bosque. 

96. Erath. 

97. (F) Hood, Somervell, 

Erath (*). 

98. Palo Pinto, Stevens. 

99. Young - , Jack. 

100. Clay, Archer. 

101. Wichita, Wilbarger. 

102. Baylor, Throckmorton, 

Haskell. 

103. Hardeman, Foard, Knox. 

104. Cottle, Motley, Childress, 

Hall. 

105. Dickens, Kent, King, 

Stonewall, Scurry. 

106. Jones, Shackelford. 

107. Taylor. 

108. Callahan, Eastland. 

109. Comanche. 

110. (F) Brown, Callahan(*). 

111. Coke, Runnels. 

112. Coleman, Concho. 

113. Sterling, Irion, Tom Green, 

Schleicher. 

114. McCulloch, San Saba. 


115. Sutton, Kimble, Kerr, Ban¬ 

dera, Edwards, Crockett, 
Mason, Menard. 

116. Uvalde, Medina, Zavalla, 

Dimmit. 

117. Maverick, Kinney, Val 

Verde, Terrell, Brewster, 
Presidio, Jeff Davis. 

118. El Paso. 

119. (F) El Paso!*), Culberson. 

120. Midland, Ector, Winkler 

Loving, Martin, Howard, 
Reeves, Pecos, Ward, 
Crane, Upton, Reagan, 
Glasscock. 

121. Mitchell, Nolan, Fisher. 

122. Briscoe, Floyd, Crosby, 

Garza, Borden, Dawson, 
Gaines, Andrews, Yoakum, 
Terry, Lynn, Lubbock, 
Hockley, Cochran. 

123. Bailey, Lamb, Hale, Swish¬ 

er, Castro, Palmer, Deaf 
Smith, Randall, Arm¬ 
strong. 

124. Donley, Collingsw T orth, 

Gray, Wheeler, Hemphill, 
Roberts, Lipscomb, Och¬ 
iltree. 

125. Carson, Hutchinson, Hans¬ 

ford, Sherman, Moore, 
Potter, Oldham, Hartley, 
Dallam. 

126. (F) Harrison!*), Gregg. 

127. (F) Burleson!*), Lee(*), 

Fayette!*), Waller!*), 
Fort Bend!*), Austin!*), 
Colorado!*). 


Qualifications of Representatives. —In order to be eli¬ 
gible to the office of representative one must possess 
the following qualifications: 

a. Must be at least 21 years of age. 

b. Must be a male citizen of the United States. 

c. Must be a qualified voter in Texas. 

d. Must be a resident of Texas for the five years next pre¬ 
ceding his election. 

e. Must be a resident of bis district for one year next pre¬ 
ceding his election. 

The salary and mileage of a representative are the 
same as that of a senator. 


Privileges of Legislators. —The Constitution throws 
the following safeguards around the person of the mem- 


CIVICS: TEXAS AND FEDERAL 


31 


bers of both houses, in the interest of the people they 
represent: 

a. Members are privileged from arrest during the 
sessions of the Legislature, and while going to or from 
the capital, except on serious criminal charges. Were it 
not for this provision a legislator might be arrested on 
some trivial or even false charge and thus kept from his 
seat by his political enemies, for the purpose of aiding 
or thwarting the passage of some particular measure. 

b. Members can not be imprisoned for more than 48 
hours for violating any legislative rule. When mem¬ 
bers violate such rules they may be called to “the bar 
of the house” of which they are members and punished. 
This provision prevents their being excluded from their 
seats long enough to cause serious injury to the interests 
of their constituents. 

c. Members can not be held responsible, out of their 
legislative hall, for words uttered in debate in it. 
Proper legislation demands a full discussion of all ques¬ 
tions under consideration. Members should be free from 
all kinds of intimidation and from fear of outside ac¬ 
countability for their utterances in debate on legislative 
measures. 

Prohibitions on Legislators. —The Constitution en¬ 
forces the following prohibitions on those who are 
members of either house, and on those who seek to be¬ 
come members: 

a. No member can hold a civil office which carries a 
salary or fees during his legislative term. This prevents him 
from having distracting official interests. 

b. No member can be elected or appointed to a civil office 
or place of profit, which was created, or the emoluments of 
which were increased, during his legislative term. This pre¬ 
vents the legislators from increasing their own salaries or 
mileage, 


32 


CIVICS: TEXAS AND FEDERAL 


c. No member can vote for a fellow member to fill any 
place of legislative appointment except as specified in the Con¬ 
stitution. 

d. No member can be interested in any contract with the 
State, or in a contract authorized by any law enacted during 
his legislative term. 

e. No member can vote on any bill in which he has a per¬ 
sonal interest. Furthermore, he must disclose his personal 
or private interests in such bills, to the house of which he is a 
member. 

f. No person who has handled public funds can serve as a 
member of the Legislature, until he has made a full legal set¬ 
tlement for all such funds. 

g. No member can remove his residence from the district 
which he represents without vacating his seat in the Legis¬ 
lature. In order to understand the needs and interests of a 
locality one must reside there. 

The Practice of Lobbying. —During recent years it 
has become the practice of many large corporations, 
whose interests will be most affected by possible legis¬ 
lation, to send attorneys to the capital to watch legisla¬ 
tion, while the Legislature is in session. These men are 
supposed to have expert knowledge of the laws af¬ 
fecting their particular industries, and thus to be in a 
position to advise with the legislators, and to influence 
the reports of committees. Such men are called lobby¬ 
ists because they frequent the lobbies of the Senate and 
House of Representatives. Lobbying sometimes be¬ 
comes offensive to the legislators and may be an insidi¬ 
ous source of corruption. In Texas it is a crime for lob¬ 
byists to privately solicit the vote of a member of the 
Legislature, or to privately endeavor to exercise any in¬ 
fluence over him, or to offer anything of value to him to 
influence his action on any bill that is pending, or that 
may be introduced later. The penalty is a fine of from 
$200 to $2000, and to this may be added a penitentiary 
sentence of from six months to two years. 



CIVICS: TEXAS AND FEDERAL 


33 


THOUGHT QUESTIONS 

1. What legislation can be effected in a special session of 
the Legislature? 

2. Give the number of your senatorial and of your repre¬ 
sentative district. Who is your State senator? Your repre¬ 
sentative in the Legislature? 

3. What is a flotorial district? How many are there? 

4. How often must Texas be redistricted? 

5. What is meant by classifying senators by lot? 

6. What is mileage? 

7. How often is a new Senate elected? A new House of 
Representatives ? 

8. What is the present number of senators? Of represent¬ 
atives? 

9. Why should senators and representatives be selected from 
their respective districts? 

10. Debate the question—“Should a Representative Always 
Obey the Known Wishes of His Constituents?” 

11. What is lobbying? 


CHAPTER VI 

POWERS OF THE LEGISLATURE 

Prerogatives Common to Both Houses. —Both houses 
have certain prerogatives in common, the most impor¬ 
tant of which are as follows: 

a. They shall elect their own officers, with the excep¬ 
tion that the lieutenant governor is ex-officio president 
of the Senate. The presiding officer of the House of 
Representatives is called the speaker. The other im¬ 
portant officers are the clerks, sergeants at arms, and 
chaplains. The Senate elects a president pro tempore, 
who presides when the lieutenant governor is absent. 

b. Each house may proceed with the business before 
it whenever it has a quorum present. The presence of 
a quorum is shown by calling the roll. It takes two- 
thirds of the entire membership to make a quorum. 
When a quorum is not present a minority may adjourn 
the house from day to day, and may order the sergeant 
at arms to arrest the absentees and bring them in. This 
prevents a few members from making a quorum impos¬ 
sible, by absenting themselves and thus interfering with 
legislation to which they are opposed. The sergeant at 
arms may arrest absentees anywhere in the State. 

c. Each house may make its own rules. 

d. Each house, by a two-thirds vote, may punish or 
expel its own members for the violation of its rules, but 
a member can not be expelled twice for the same of¬ 
fense. He may have been expelled for party purposes 
or for personal reasons, but if at the election called to 
fill the vacancy he is re-elected by his constituents, he 
can not be molested again for the same offense. 

e. Each house must keep and publish a journal of 
its proceedings. 

f. Each house shall hold open sessions, except that 
either house may meet in secret, or executive session, for 


34 


CIVICS: TEXAS AND FEDERAL 


35 


the transaction of certain business; also, when the pub¬ 
lic safety demands it. 

g. The two houses are coordinate in all matters of 
general legislation. Any bill may originate in either 
house, except one that provides for raising revenues. 
All revenue bills must originate in the House of Repre¬ 
sentatives, for the reason that the members of that house 
are more closely in touch with their constituents than 
are the senators with theirs. The Senate, however, may 
amend revenue bills. In regular sessions the Legisla¬ 
ture may legislate on any matters permitted by the Con¬ 
stitution, but in special sessions it can only legislate on 
such matters as are specifically referred to it by the 
governor. 

h. Each house can adjourn for three days without 
the consent of the other house, and with its consent can 
adjourn at any time temporarily, or sine die (sl'ne di'e), 

i. e., without setting a day for the next meeting. 

Contested Seats. —Under the Constitution each house 
is a judge of the qualifications of its own members, sub¬ 
ject only to the restrictions and requirements of the Con¬ 
stitution. This prevents any man taking his seat when 
not possessed of all the constitutional requirements for 
membership, even though elected by his constituents. It 
also enables the house to refuse admission to any one 
elected by corrupt means. Often, however, two men 
appear from the same district and each claims to be 
the legally elected member. This is called a contested 
election. In contested elections the presiding officer of 
the house to which they claim election must be furnished 
with a copy of the “Notice of Contest,” a statement of 
the claims of each contestant, the precinct roll lists of 
the district from which they come, and, if possible, writ¬ 
ten testimony secured to substantiate their claims. Im- 


36 


CIVICS: TEXAS AND FEDERAL 


mediately after the organization of the Legislature the 
“contest” papers are opened by the presiding officer of 
the house to which they claim election and are referred 
to the “Committee on Privileges and Elections.” This 
committee then holds a preliminary trial and reports to 
the house. The house then fixes a day for action on 
the committee’s recommendation. It may seat either of 
the claimants to membership, or it may declare the elec¬ 
tion void. If the election is declared void the governor 
appoints some one from the district to fill the place until 
a new election can be held. 

Impeachment Proceedings. —Any elective state offi¬ 
cial, or a judge of one of the higher courts, who is 
guilty of wrongdoing, may be removed from office by 
impeachment proceedings. An impeachment is an accu¬ 
sation of wrongdoing, and it is followed at once by a 
trial. It is the most serious proceeding that occurs in 
the legislative halls, as it always involves the honor, 
the reputation, and the political fortunes of a citizen, 
as well as the protection of the State from corrupt prac¬ 
tices, from offensive conduct, or from oppression on the 
part of an office holder. All impeachments of state 
officers must be made by the House of Representatives, 
and must be tried by the Senate. Two-thirds of the 
thirty-one senators elected must vote for conviction in 
order to convict. A verdict in impeachment cases can only 
extend to removal from office and to disqualification for 
any office of honor, trust, or profit, in Texas. While an 
officer is under impeachment he is removed temporarily 
from office and his place is filled by the governor with 
a provisional appointee. 

Amending the Constitution. —It is very important that 
the Constitution of the State shall not be changed has¬ 
tily. In order to protect it from this the assistance of 
both the Legislature and the qualified voters of the 


CIVICS: TEXAS AND FEDERAL 


37 


State is needed before it can be amended. It is interest¬ 
ing to know that between the time of its adoption in 
1876 and June 1, 1912, the Constitution has been amend¬ 
ed in thirty-two sections. In four cases amendments 
were amended. When it is desired to amend the 
Constitution the amendment must be proposed at a reg¬ 
ular session of the Legislature by a two-thirds vote of 
all the members of both houses. The Legislature then 
fixes a day on which the qualified voters of the State 
shall vote on the proposed amendment. Prior to this 
election the amendment must be published once a week 
for four weeks, commencing at least three months be¬ 
fore the election, in one newspaper in each county, in 
order that the voters may have time to study it and 
thus be able to vote intelligently. If the amendment 
receives a majority of all the votes cast in the election 
it becomes a part of the Constitution, and the governor 
issues a proclamation to that effect. 

Limitations on Legislation. —The Constitution pre¬ 
scribes many limitations on the power of the Legislature, 
but only the most important will be discussed here. 

a. “The Legislature shall not have the right to levy taxes 
or to impose burdens upon the people, except to raise revenue 
sufficient for the economical administration of the govern¬ 
ment.” 

This prevents the accumulation of “a treasury sur¬ 
plus.” Some politicians, who might shrink at a dishon¬ 
est act in their private affairs, have been tempted in 
state and national affairs to embark their government 
in undertakings involving the expenditure of vast sums 
of money, that they might profit by commissions from 
the contractors. This is known as “graft” or “jobbery.” 
Without a treasury surplus graft is not so easily accom¬ 
plished. 

b. “No debt shall be created by or on behalf of the State 
except to supply casual deficiencies of the revenue, repel in¬ 
vasion, suppress insurrection, defend the State in war, or pay 
existing debt; and the debt created to supply deficiencies in 


38 


CIVICS: TEXAS AND FEDERAL 


the revenue shall never exceed in the aggregate at any one 
time two hundred thousand dollars/’ 

Few States in the Union are without bonded indebted¬ 
ness. Many are so bonded that to pay the interest is a 
heavy tax burden in itself. When we learn that Virginia 
has a bonded indebtedness of $24,986,959, Massachusetts 
of $81,077,752, Louisiana of $11,108,300, and Texas of 
only $3,977,500, we appreciate this feature of our Con¬ 
stitution. 

c. “The Legislature shall have no power to give or to lend, 
or to authorize the giving or lending, of the credit of the State 
in aid of, or to any person, association or corporation, whether 
municipal or other; or to pledge the credit of the State in any 
manner whatsoever, for the payment of liabilities, present or 
prospective, of any individual, association of individuals, mu¬ 
nicipal or other corporation whatsoever.” 

Some States have lent their credit to railways and 
later have been compelled to pay their bonded indebted¬ 
ness. This is impossible in Texas. 

d. “The Legislature shall have no power to make any grant 
or authorize the making of any grant of public money to any 
individual, association of individuals, municipal or other cor¬ 
poration whatsoever; provided, however, the Legislature may 
grant aid to indigent and disabled Confederate soldiers and 
sailors who came to Texas prior to January 1, 1900, and their 
widows in indigent circumstances, and who have been bona fide 
residents of the State of Texas since January I, 1900, and who 
were married to such soldiers and sailors anterior to January 
1, 1900; to indigent and disabled soldiers, who under special 
laws of the State of Texas, during the war between the States 
served for a period of at least six months in organizations for 
the protection of the frontier against Indian raids or Mexican 
marauders, and to indigent and disabled soldiers of the militia 
of the State of Texas, who were in active service for a period 
of at least six months during the war between the States, to 
the widows of such soldiers who are in indigent circumstances, 
and who were married to such soldiers prior to January 1, 1900, 
provided that the word ‘widow’ in the preceding lines of this 
section shall not apply to women born since 1861, and also to 
grant aid for the establishment and maintenance of a home for 
said soldiers and sailors, their wives and widows, and women 
who aided in the Confederacy, under such regulations and limi¬ 
tations as may be provided for by law; provided, the Legisla¬ 
ture may provide for husband and wife to remain together in 
the home. 

“The Legislature shall have the power to levy and collect, in 


CIVICS: TEXAS AND FEDERAL 


39 


addition to all other taxes heretofore permitted by the consti¬ 
tution of Texas, a State ad valorem tax on property not ex¬ 
ceeding 5 cents on the $100 valuation for the purpose of cre¬ 
ating a special fund for the payment of pensions for services 
in the Confederate army and navy, frontier organizations and 
the militia of the State of Texas and for the widows of such 
soldiers serving in said armies, navies, organizations, or mi¬ 
litia/’ 



The brave soldier is revered by Texans, regardless of 
the flag under which he served. Every law passed by 
Congress granting pensions to deserving Union soldiers 
in the “War between the States” has received the full 
endorsement of Texans. Texas expends $500,000 in pen¬ 
sions to over 
11,500 Confed¬ 
erate veterans. 

She has estab¬ 
lished at Aus¬ 
tin a home for 
needy Confed¬ 
erate veterans, 
and also an¬ 
other for the 
indigent wid¬ 
ows and wives 
of Confederate 
veterans. Un¬ 
der this con¬ 
stitutional pro- 

vision our 
State has also The Home for Confederate Veterans, Austin. 

been able to render help to her suffering citizens, in time 
of drouth, in the Indianola storm, in the Galveston flood, 
in the great Brazos overflows, and in the devastating 
Coast storms of past years. 

e. “No local or special law shall be passed, unless notice 
of the intention to apply therefor shall have been published 
in the locality where the matter or thing to be affected may be 
situated.” 


40 


CIVICS: TEXAS AND FEDERAL 


It would be eminently unfair to pass laws regulating 
the affairs of particular cities, towns, counties, etc., 
locating or changing county seats, changing the names 
of persons or places, etc., without allowing those inter¬ 
ested to be heard for or against the proposed laws. 

The formation of a school district by the Legislature 
is an exception. See Article VII, Section 3. 

f. “The Legislature shall hold its sessions at the city of 
Austin, which is hereby declared to be the Seat of Govern¬ 
ment.” 



Second Capitol of Texas, Austin, Burned in 1881. 

lowing are the places that have been 
Texas: 


In case of 
e m ergencies, 
such as dan¬ 
ger from pes- 
t i 1 e n c e, or 
from a hos¬ 
tile army in 
time of war, 
the Legisla- 
ture can 
change it s 
place of meet¬ 
ing tempora¬ 
rily. The fol- 
the capital of 


San Felipe de Austin, near what is now Sealy in Austin 
county, was made the capital of Austin’s Colony in 1823. The 
Conventions of 1832 and 1833, the Consultation, and the Pro¬ 
visional Government held their sessions there. 


Washington in Washington county 
Harrisburg in Harris county 
Galveston 

Velasco and Quintana in Brazoria county 

Columbia in Brazoria county 

Houston in 1837 

Austin in 1839 

Houston in 1842 

Washington in 1842 

Austin in 1845 


> in 1836 





CIVICS: TEXAS AND FEDERAL 


41 


Texas has built a magnificent capitol building at Aus¬ 
tin in which the Legislature holds its sessions, the Su¬ 
preme Court has its chamber, and most of the executive 
officers have their offices. This building was begun 
in 1883, and was dedicated in May, 1888. It is the only 
capitol building in the United States which did not re- 



The Texas Capitol, Austin. 

quire the creation of bonded indebtedness to build. It 
was paid for with 3,050,000 acres of public land. 

g. “The Legislature shall, in no case, have power to issue 
‘Treasury Warrants/ ‘Treasury Notes/ or paper of any descrip¬ 
tion intended to circulate as money.” 

Profiting by the financial errors of other States in 
the issuance of state money, Texas has maintained her 
financial integrity. 

Legal Holidays. —A day fixed by law for the suspen¬ 
sion of business is called a legal holiday. Each State 
has appointed certain days in the year as legal holidays. 


42 


CIVICS: TEXAS AND FEDERAL 


There is no national holiday for the reason that the 
Congress of the United States has no power to appoint 
one. In Texas the legal holidays are as follows: 

January 1, New Year’s Day. 

February 22, Washington’s Birthday. 

March 2, Anniversary of Texas Independence. 

April 21, Anniversary of the Battle of San Jacinto. 

June 3, Jefferson Davis’s Birthday. 

July 4, Independence Day. 

July (Fourth Saturday), Primary Election Day. 

September (First Monday), Labor Day. 

October 12, Columbus Day. 

November, of even numbered years (First Tuesday), General 
Election Day. 

November (Last Thursday), Thanksgiving Day. 

December 25, Christmas Day. 

THOUGHT QUESTIONS 

1. What is meant by an ex-officio officer? 

2. What is meant by an officer pro tempore? 

3. What is meant by a quorum? A minority? 

4. What constitutes a quorum in the Legislature? 

5. Name some of the duties of the sergeant at arms. The 
chaplain. 

6. What is the Journal of the house? Why published? 

7. Under what circumstances may a Journal of legislative 
proceedings remain unpublished? 

8. What is an open session? Why so generally'demanded? 

9. What is an executive session? Why sometimes necessary? 

10. What is meant by “Committee of the Whole?” What 
is necessary to make its actions effective? 

11. Why should revenue bills originate in the lower house? 

12. What is a “contested seat?” How are legislative con¬ 
tests settled? 

13. What is an impeachment? Who impeaches? Who tries 
the cases of impeachment? What penalty can be inflicted upon 
those convicted in impeachment trials? 

14. State in full the manner of amending the Constitution of 
Texas. 

15. For which holiday does the governor issue a proclama¬ 
tion? 


CHAPTER VII 


HOW LAWS ARE MADE 

How the Bill Originates. —The story that a law can 
tell is very interesting. The idea of the law may origi¬ 
nate with people outside of the Legislature. In that 
event, very likely they will prepare a bill embodying their 
ideas as to what the law should be, and then ask some 
representative or senator to introduce it. A proposed 
law is called a bill while it is being considered by the 
Legislature, and until it is passed and has become effec¬ 
tive. As soon as the bill is introduced it is referred by 
the presiding officer to an appropriate committee. Each 
house has many standing committees, such as judiciary, 
labor, education, rules, privileges and elections, public 
health, state affairs, judicial districts, etc. Each com¬ 
mittee is supposed to be composed of members specially 
fitted to discuss critically such measures as come before 
it, and to formulate wise recommendations. 

The Bill Itself. —It is very important that it be drawn 
properly, otherwise after it is passed and it is too late 
to make corrections, it may be found to be deficient in 
some essential of a constitutional law. All bills must 
begin with the “enacting clause” which reads, “Be it en¬ 
acted by the Legislature of the State of Texas.” No 
bill, except an appropriation bill, can contain more than 
one subject and that must be clearly stated in the title. 
Any bill may, however, contain several items. 

In the Hands of the Committee. —It is here that the 
bill has its hardest time. Many committees are very 
busy so that it often happens that they cannot consider 
bills referred to them. Again, the members of the com¬ 
mittee may be hostile to the proposed law and purposely 


44 


CIVICS: TEXAS AND FEDERAL 


refuse to consider it. In such cases the bills are said to 
“die in the committee.” Sometimes several bills on the 
same subject are introduced by different members. In 
this case it is likely the committee will prepare a new 
bill containing the best features of all of them. In any 
event the committee is expected to investigate carefully 
the need of the law, and the constitutionality of the bill. 
It may procure information either privately or through 
public hearings. Finally, after the committee considers 
the bill carefully it will report to the house and recom¬ 
mend that it do or do not become a law. This bill is 
then printed and a copy of it is placed on the desk of 
each member. Sometimes some of the members of the 
committee cannot agree with the recommendations of the 
majority, and there is a minority report signed by them. 
This minority report must be considered by the house 
along with the committee’s report. 

The Bill is Up for Passage. —After the committee’s 
report is read the bill is placed on the calendar and 
comes up for passage. It must be read before the house 
on three different days, and those members desiring to 
discuss it must be allowed to do so. It may be amended, 
provided a majority of the members present think it 
should be, but no amendment may change its original 
purpose. Under imperative necessity, by a four-fifths 
“yea and nay” vote, it may be read all three times in one 
day, so as to hasten its passage. If a majority vote for 
the bill on its second reading it is sent to the engrossing 
clerk, who copies it neatly without erasures, interlinea¬ 
tions, or corrections. After being engrossed the bill is 
ready for its third reading, and for final passage or re¬ 
jection. If passed, it is then sent to the other house. 

In the Other House. —There it is referred to a com¬ 
mittee, and when reported by this committee, comes up 
for passage. It must be read three times and must be 


CIVICS: TEXAS AND FEDERAL 


45 


Open to debate as in the house where it originated. 
Should it be amended and passed in this house, it must 
be sent back to the other house in order that the bill as 
amended may be concurred in. If the two houses can 
not agree it is customary for them to appoint a tempo¬ 
rary committee, composed of members from each, called 
a free conference committee. This committee generally 
is able to agree on a compromise and the bill as agreed 
to by them is reported hack to both houses, where it is 
either passed or rejected. 

The Legislature’s Last Act.—After being passed by 
both houses it goes to the enrolling clerk of the house 
where it originated, and is copied carefully on parch¬ 
ment. This enrolled bill is signed first by the presiding 
officer of the house where it originated, and then by the 
presiding officer of the other house. This official sign¬ 
ing must be done while the house is in session, and the 
act must be recorded in the Journal. Very often bills, 
passed by both houses near the end of a session of the 
Legislature, die because it is impossible to get them en¬ 
rolled in time for official signing in the houses, or to get 
a quorum for their official signing. 

In the Hands of the Governor.—After the enrolled 
bill is signed by the presiding officers of both houses, 
the chairman of the enrolling committee carries it to 
the governor for his consideration. If he approves the 
bill he will sign it and it will become a law. If he dis¬ 
approves the bill he writes his disapproval specifically 
and sends the bill back to the house where it originated. 
This formal disapproval of the bill by the governor is 
called a veto. Veto is a Latin word which means “I 
forbid.” If the governor does not approve or veto a bill 
within ten days, Sundays excepted, from the time he re¬ 
ceives it, it becomes a law without his signature. 

As a safeguard against the action of a Legislature that 


CIVICS: TEXAS AND FEDERAL 


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CIVICS: TEXAS AND FEDERAL 


47 




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48 


CIVICS: TEXAS AND FEDERAL 


is not in sympathy with a governor, a bill that is passed 
within the last ten days before adjournment does not re¬ 
quire the governor’s approval or veto within ten days 
after its passage. The governor may prevent such a 
bill from becoming a law by filing it, with his objections, 
with the secretary of state, and then proclaiming his 
objections to the bill within twenty days after the ad¬ 
journment of the Legislature. In New York the gov¬ 
ernor may also veto one or more items in a bill and then 
approve the rest of the bill. This gives him the power 
of amendment to no small degree. In Texas and in 
most of the new states the governor can veto one or 
more items of an appropriation bill and approve the rest. 

Passing a Vetoed Bill.—The veto power of the gov¬ 
ernor serves as a check to partisan or hasty legislation, 
and prevents bills with errors and constitutional en¬ 
croachments from becoming laws. Sometimes, how¬ 
ever, the Legislature still insists on having a vetoed bill 
become a law, and then it can do so if both houses, after 
considering the governor’s objections, pass the bill over 
his veto by a two-thirds vote. The governors of all 
States except Rhode Island and North Carolina have 
the power to veto bills. It is a power seldom used. In 
England, where the king possesses it, no Act of Parlia¬ 
ment has been vetoed in two hundred years. 

What Becomes of Approved Bills.—When the gov¬ 
ernor has approved a bill he sends the parchment copy 
received from the Legislature, with his signature at¬ 
tached, to the secretary of state, who files it in the state 
archives, which are kept carefully in his office. It will 
become effective ninety days after the adjournment of 
the Legislature, unless it has been passed with the so- 
called “emergency clause.” When this clause is attached 
to a bill, and the bill is passed by a two-thirds roll call 
vote of the members present of each house, it becomes 


CIVICS: TEXAS AND FEDERAL 


±9 


effective when signed by the governor. The ninety days* 
time is given for the adjustment of the existing civil and 
social conditions to accord with the new requirements. 


THOUGHT QUESTIONS 

1. What is a bill? A law? 

2. What is an enacting clause ? 

3. What is a minority report? 

4. What is a conference committee? 

5. What is meant by placing a bill on the calendar? 

6. What is meant by engrossing a bill? When is it en¬ 
grossed? 

7. What is meant by enrolling a bill? When is it enrolled? 

8. What is a veto? State the conditions necessary to pass 
a bill over the governor’s veto. Under what conditions can a 
governor veto items in a bill? 

9. Under what conditions may a bill become a law without 
the 'governor’s signature? 

10. How may the governor prevent a bill that was passed 
during the last ten days of the legislative session from becom¬ 
ing a law? 

11. What States do not allow their governors to veto laws? 

12. What is an emergency clause? Under what conditions 
ma. an emergency clause be inserted in a bill ? 


CHAPTER VIII 


THE EXECUTIVE BRANCH 

The Principal Officers and How Chosen.—The execu¬ 
tive power of the State of Texas is vested in the gov¬ 
ernor, who is called the chief executive officer; the 
lieutenant governor, secretary of state, comptroller of 
public accounts, treasurer, commissioner of the general 
land office, attorney general, superintendent of public 
instruction, commissioner of agriculture and three rail¬ 
road commissioners. The secretary of state is appoint¬ 
ed by the governor, with the consent of the Senate. The 
other executive officers are elected by the qualified 
voters at the general election. 

Their Salaries.—The annual salaries of state officials 
are fixed either by the Constitution or by the Legisla¬ 
ture, and are as follows: 

Governor, $4000. 

Railroad Commissioners, $4000. 

Comptroller of Public Accounts, $2500. 

Treasurer, $2500. 

Land Commissioner, $2500. 

Superintendent of Public Instruction, $2500. 

Commissioner of Agriculture, $2500. 

Secretary of State, $2000. 

Attorney General, $2000, and fees not to exceed $2000. 

The lieutenant gov¬ 
ernor, while acting as 
president of the Sen¬ 
ate, receives the same 
salary and mileage as 
is paid a senator; and 
while acting as gov¬ 
ernor he receives the 
same salary as the 
governor would have 
The Governor’s Mansion. received for the same 



60 



CIVICS: TEXAS AND FEDERAL 


51 


time. In addition to his salary the governor has the 
free use of the Governor’s Mansion, with its fixtures 
and furniture, and the use of the grounds surrounding 
the Mansion. The Legislature also makes provision for 
the proper care and adornment of the Mansion and 
grounds at the expense of the State. 

Their Tenure of Office. —The secretary of state serves 
during the term of the governor. The railroad commis¬ 
sioners are elected for a term of six years, one being 
elected at each general election. All the other executive 
officers are elected for terms of two years. If for any 
reason their successors do not qualify for office by tak¬ 
ing the oath during the first week after the organiza¬ 
tion of the Legislature, when their terms begin, then 
the old officials hold over until they do qualify. It is 
an unwritten law of the Democratic Party in Texas that 
a faithful state official is entitled to four years of ser¬ 
vice. Third terms are not popular and thus far no gov¬ 
ernor has ever offered for more than two terms. In 
Texas, as in most States, the elective executive officers 
of the State can be removed from office only by im¬ 
peachment proceedings. 

THOUGHT QUESTIONS 

1. What is meant by tenure of office? 

2. What are the advantages of short official terms? 

3. What are the advantages of long official terms? 

4. What are the advantages of a non-re-election policy? 

5. Why does the State take care of the Executive Mansion 
and grounds? 

6. As a matter of policy, why is it best to have the Governor 
appoint the Secretary of State? 

7. Why was the term of office of railroad commissioner made 
six years? 

8. What is meant by qualifying for office? 

9. When do state officials qualify? 

10. When do county officials qualify? 


CHAPTER IX 


THE GOVERNuk 

Necessary Qualifications. —For any one to become 
governor of the State of Texas he must be possessed ci 
the following qualifications: 

a. Must be a male citizen of the United States. 

b. Must be at least 30 years of age. 

c. Must have resided in Texas at least five years immedi¬ 
ately preceding his election. 

His Inauguration. —The inauguration of a newly 
elected governor into office is a very important event. 
It occurs on the first Tuesday after the organization of 
the Legislature, in the January following the general 
election. At noon on this day, in the hall of the House 
of Representatives, in the presence of the Legislature, 
the judges of the Supreme Court, and many citizens of 
the State, the governor repeats solemnly the oath of 
office as it is administered to him by the chief justice 
of the Supreme Court. He then kisses a copy of the 
Bible as a sign of his intention to be bound by his 
oath. The ceremony ends with an address by the newly 
inaugurated governor, in which he discusses questions 
of political interest to the State and outlines his views 
and intentions. The oath to which the governor sub¬ 
scribes is as follows: 

“I,-> do solemnly swear, (or affirm), that I will 

faithfully and impartially perform all duties incumbent upon 
me as governor, according to the best of my skill and ability, 
agreeably to the Constitution and Laws of the United States, 
and of this State; and I do further solemnly swear, (or af¬ 
firm), that since the adoption of the Constitution of this State, 
I, being a citizen of this State, have not fought a duel with 
deadly weapons, within this State, nor out of it, nor have I sent 
or accepted a challenge to fight a duel with deadly weapons, nor 
have I acted as second in carrying a challenge, or ordered, 
advised, or assisted any person thus offending; and I further- 


52 



CIVICS: TEXAS AND FEDERAL 


53 


more solemnly swear, (or affirm), that I have not, directly or 
indirectly, paid, offered or promised to pay, contributed nor 
promised to contribute, any money or valuable thing, or prom¬ 
ised any public office or employment, as a reward for the giving 
or withholding a vote at the election at which I was elected: So 
help me God.” 

Commander of State Militia.—In order to have a 
strong government the chief executive must possess 
power to enforce the laws, even when a considerable part 
of the citizens are opposed to them and disposed to re¬ 
sist them by force. The military forces of a State are 
called the state militia. In 1912 the Texas State Militia, 
or the Texas National Guard, as it is called, was com¬ 
posed of three regiments and one separate battalion of 
infantry, four troops of cavalry, one company of field 
artillery, and one company of coast artillery, including 
in all 215 officers and 2510 enlisted men. It is scat¬ 
tered over the State by companies, so as to be con¬ 
venient for service. The governor is commander-in¬ 
chief of the National Guard, except when it is in the 
active service of the United States. He may call it out 
when necessary to execute the laws of the State, to sup¬ 
press insurrection, to repel invasion, and to protect the 
frontier. He has the power to send it to any county 
in the State solely on his own responsibility, but in 
practice he does not do so until a formal request for its 
help is received from the sheriff. The governor is rep¬ 
resented in the command of the National Guard by the 
adjutant general, who is the active commander. 

His Appointive Power.—You have learned that the 
governor appoints the secretary of state. He also ap¬ 
points many other officers of the State, and as many 
notaries public as he thinks necessary, subject to the 
consent of the Senate. In addition, he fills vacancies 
that may arise in state or district offices. If these ap¬ 
pointments are made while the Senate is in session he 


54 


CIVICS: TEXAS AND FEDERAL 


sends the names of his appointees to it. If they are not 
confirmed by a two-thirds vote of the senators present, 
the governor submits the names of other appointees for 
the places. If the Senate fails to confirm the governor’s 
successive appointments before its final adjournment, he 
then fills the positions with eligible appointees whose 
names have not been rejected by it. Appointments made 
while the Senate is not in session are called recess ap¬ 
pointments and must be confirmed by the Senate during 
the first ten days of the next session, or new appoint¬ 
ments must be made. The principal officers appointed 
by the governor are as follows: 

Secretary of State. 

Adjutant General. 

Assistant Attorney General. 

State Revenue Agent. 

State Health Officer. 

Dairy, Food and Drug Commissioner. 

Commissioner of Insurance and Banking. 

State Tax Commissioner. 

Factory Inspector. 

Labor Commissioner. 

State Pension Commissioner. 

State Mining Inspector. 

State Levee and Drainage Commissioner. 

State Purchasing Agent. 

Game, Fish and Oyster Commissioner. 

Superintendent of Public Buildings and Grounds. - 

The members of all the following boards are ap¬ 
pointed by the governor with the consent of the Senate, 
and serve for a term of two years. The number in 
parenthesis indicates the number of members: 

Board of Regents of the State University (8). 

Board of Directors of the Agricultural and Mechanical Col¬ 
lege and the Prairie View Normal College (8). 

Board of Regents of the College of Industrial Arts (7). 

Board of Regents of the State Normal Schools (5). 

Board of Trustees of each of the three Insane Asylums (3). 

Board of Trustees of the State Blind Institute for Whites (5). 

Board of Trustees of the State Deaf, Dumb, and Blind Insti¬ 
tute for Negroes (5). 


CIVICS: TEXAS AND FEDERAL 


55 


Board of Trustees of the State Deaf and Dumb Institute for 
Whites (5). 

Board of Managers of the State Orphans’ Home (5). 

Board of Trustees of the State Epileptic Colony (5). 

Board of Managers of the Confederate Home (5). 

Board of State-Penitentiary Commissioners (3). 

Board of Managers of Institute fo* Delinquent Juveniles (4). 

Board of Pardon Advisers (2). 

State Board of Health (6). 

Anti-Tuberculosis Commission (5). 

State Board of Pharmacy Examiners (5). 

State Board of Medical Examiners (11). 

State Board of Dental Examiners (6). 

State Board of Examiners of Trained Nurses (5). 

State Fire Rating Board (2). 

State Mining Board (7). 

State Live Stock Sanitary Commission (3). 

State - Board of Veterinary Examiners (7). 

State Library and Historical Commission (5). 

What Are Commissions. —When the governor ap¬ 
points some one to office he sends to him a document 
stating the office to which he has been appointed. This 
is called his commission. All commissions are signed 
by the governor and attested by the secretary of state. 
They are also sealed with the seal of the State of Texas. 
This seal consists of a five-pointed star within a wreath 
of live oak and olive leaves, and is affixed only to offi¬ 
cial documents to show their legality. The governor 
also issues commissions to all county, district and state 
elective officers. 

The Pardon Power. —The power to grant pardons 
and reprieves is one of the most important that is vested 
in the governor. Often there may be extenuating cir¬ 
cumstances surrounding one convicted of a crime, or 
evidence may be discovered after he has been sentenced 
that tends to prove him to be innocent. In such cases, 
upon a formal petition signed by the friends of the con¬ 
victed man, the governor may review the case and de¬ 
cide to grant a pardon. Again, a man may be sentenced 
to die for a crime and the governor may be convinced 
that if the execution of the sentence k deferred, by the 


56 CIVICS: TEXAS AND FEDERAL 



Commission 



















CIVICS: TEXAS AND FEDERAL 


57 


granting of a reprieve, or order suspending it tempora¬ 
rily, the accused may be able, by newly secured evidence, 
etc., to prove himself innocent. The governor can not 
grant pardons in cases of impeachment, and only with the 
consent of the Senate in cases of treason. Since 1893 
the governor has been assisted in his work of pardon 
matters by a Board of Pardon Advisers, consisting of 
two members, who assist him in his investigations and 
advise with him. But the governor may by virtue of his 
vested power, grant pardons, or reprieves, or commute 
sentences without reference to the Board of Pardon 
Advisers. 

Other Powers and Duties of the Governor. —He is re¬ 
sponsible for the faithful execution of all the laws of the 
state. He conducts personally all correspondence and 
official business between the State of Texas and the 
United States. At the opening of each session of the 
Legislature he sends to it a message containing: 

a. A statement of the condition of the State. 

b. Recommendations of needed legislation. 

c. An estimate of the money to be raised by taxation for 
all purposes. 

d. An account of all the money received and paid out by 
him from the public funds subject to his order, accompanied 
by vouchers. 

At the close of his term of office he sends a message 
to the Legislature summarizing the work of the govern¬ 
ment during his administration. He can convene the 
Legislature on extraordinary occasions at the seat of 
government, or at another place, if a public enemy or 
disease makes it advisable for it to meet elsewhere. 
The proclamation must state the specific legislation de¬ 
sired. After this special legislation is effected the gov¬ 
ernor may request other needed legislation at this called 
session. He must examine critically all bills, all concur¬ 
rent resolutions, orders or motions passed by the Legis'a- 
ture, except motions on adjournment, and approve or 


58 


CIVICS: TEXAS AND FEDERAL 


veto each of them separately. He must inspect the ac¬ 
counts of all moneys received and expended, as kept by 
all officers of the state and managers of state institutions, 
and must secure semi-annual reports from these officials. 

The Texas Rangers.—Texas has been critically situ¬ 
ated in the past, having hostile Indians and depredating 
Mexicans almost surrounding her. To meet the condi¬ 
tions peculiar to our State in its early days, a state police 
force known as the Texas Rangers, was organized. 
These rangers are directly under the control of the gov¬ 
ernor, and are composed of fearless men, skilled and 
quick with revolver and rifle, and expert in trailing and 
capturing, or killing desperadoes and “crooks,” or in 
circumventing their wiles. They work under special 
orders, having jurisdiction throughout the State, arrest 
the lawless without warrant, execute orders decisively 
and fearlessly, and prove serviceable to the State in crit¬ 
ical times. The Texas Rangers consist of two com¬ 
panies, each of which is composed of a captain and six 
men. Their headquarters are at Ysleta and Kenedy. 

The Governor’s Responsibility.—The governor is pre¬ 
sumed to represent the State as a unity. To the public 
eye he is “The Executive” and the public is disposed to 
hold him responsible for the condition of the State. 
But as the executive power is divided among many of¬ 
ficers, the public sometimes wrongfully holds the gov¬ 
ernor wholly responsible for the administration of the 
affairs of the State. He often can not control the acts 
of his chief associates. They hold themselves answera¬ 
ble to their constituents, that is, to the voters, who elect 
them to their offices, rather than to the chief executive. 
They can not be removed from office by the governor. 
While this is true, still the governor is the chief execu¬ 
tive in truth and in fact. When occasion requires some 
one to welcome a prominent visitor on behalf of the 


CIVICS: TEXAS AND FEDERAL 


59 


State it is the governor who does it; when it is neces¬ 
sary for some one to speak for the State it is the gov¬ 
ernor who comes to the front; and when an emergency 
arises requiring some one to assume authority it is the 
governor who rises to the occasion. In him rests the 
dignity of the State. 

THOUGHT QUESTIONS 

1. In an oath of office, and in judicial proceedings, what is 
the difference between swearing and affirming? Under what 
circumstances is affirming admissible? 

2. What is meant by a “second” in reference to dueling? 

3. Distinguish between army and militia. 

4. What is a notary public? Name one. 

5. What are recess appointments? How long are they in 
force? 

6. What restriction is placed upon the governor in reference 
to his recess appointments? 

7. What are the duties of the Board of Pardon Advisers? 

8. What is meant by a pardon? A reprieve? A commuta¬ 
tion? 

9. Is a convict’s citizenship restored by a pardon? By 
serving his full time? 

10. What is a governor’s message? How is it delivered? 

11. What is a Texas Ranger? Compare him with a sheriff. 


CHAPTER X 


OTHER EXECUTIVE OFFICERS 

The Lieutenant Governor. —Nearly all associations, 
civic or social, that have a chief executive, provide for 
a vice executive to act in his place when, for any rea¬ 
son, he can not fulfill the duties of his office. All the 
States except Arkansas, Delaware, Georgia, Maine, 
Maryland, New Hampshire, New Jersey, Oregon, 
Tennessee and West Virginia elect lieutenant governors. 
In Texas the lieutenant governor acts as governor when¬ 
ever the executive office is temporarily vacated by rea¬ 
son of the sickness of the governor, of his absence from 
the State, or of his suspension from office during im¬ 
peachment proceedings. In the event of the death of 
the governor, of his resignation, or of his removal from 
office, the lieutenant governor fills the unexpired term. 
If for any reason he is unable to act as governor, then 
the president pro tempore of the Senate becomes acting 
governor. Since all the powers and duties of the office 
of governor may devolve upon the lieutenant governor, 
he must possess all the qualifications demanded of the 
governor. When presiding over the Senate he has no 
vote except in the case of a “tie vote,” when he casts 
the deciding vote. Like all legislative bodies, the Senate 
sometimes goes into the “committee of the whole” to 
discuss matters more freely than it can when bound by 
its rules governing the recognition of members and de¬ 
bate. In the committee of the whole the lieutenant gov¬ 
ernor has the right to debate and to vote on all ques¬ 
tions that arise. The action of the committee of the 
whole is not binding until confirmed by the Senate in 
regular session. 


60 


CIVICS: TEXAS AND FEDERAL 


61 



Secretary of State.— As the duties of the secretary of 

state are so 
i n t i m a tely 
connect ed 
with those of 
the governor, 
the Constitu- 
t i o n gives 
the chief ex¬ 
ecutive the 
right to ap¬ 
point the sec- 
retary of 
state, sub¬ 
ject to con¬ 
firmation by 
the Senate. 
The secre¬ 
tary of state 
i s custodian 
of the state 
archives, 
consisting of 
books, maps, 

parchments, documents, records and other state papers, 
and of the Seal of the State. His principal duties are 
as follows: 

a. He must attest with his signature and the seal of the 
State all commissions given by the governor, and all procla¬ 
mations and other documents issued under direction of the 
governor. 

b. He must issue charters to corporations under regulations 
prescribed by the Legislature. 

c. He must transmit any information pertaining to his office 
to the Legislature upon its demand. 

d. He must allow any of the records in his office to be in¬ 
spected by anyone desirous of doing so for legitimate purposes; 
^d must furnish attested copies of any of them on receipt of 
regular fees established by the law. 


THE STATE ARCHIVES. 

The Man in the Foreground Is Holding One of 
the Oldest Records. 










62 


CIVICS: TEXAS AND FEDERAL 


e. He must keep a record of all the official acts and pro¬ 
ceedings of the governor. 

f. He must publish attested copies of all recently enacted 
laws that the public may become familiar with them. 

g. He must publish and distribute to the State officers, to 
the principal county officers, and to the judicial officers of the 
State copies of the acts of each Legislature, and also copies of 
digests of the statutes; and he must distribute to. the State 
officials and to the State courts copies of the decisions of the 
Supreme Court, and of the courts of appeals; and he must 
furnish printed journals of the proceedings of both branches 
of the Legislature to the governor, to the heads of all the 
executive departments, and to the county judges. 

h. He must receive all State election returns and transmit 
them to the Legislature when it convenes. 

State Superintendent of Public Instruction. —The 
State Superintendent has general supervision of the 
public school system of the State. He is ex-officio presi¬ 
dent of the State Normal School Board of Regents, and 
ex-officio secretary of the State Board of Education. The 
State Superintendent publishes and administers school 
law, delivers abstract of apportionment of school funds, 
advises school officers and addresses educational gather¬ 
ings, cancels certificates for cause and prescribes regu¬ 
lations for summer normals. His duties are further con¬ 
sidered in the chapter on Public Education. His term 
of office is two years, and his annual salary is $2,500. 

Comptroller of Public Accounts. —This officer is real¬ 
ly the bookkeeper for the State, and in his office is kept 
a record of all moneys, lands, and other property belong¬ 
ing to the State, and of all debts owed to it, and also of 
all bonds, liens, mortgages, etc., in which the State is 
interested. His principal duties are as follows: 

a. He superintends all the fiscal affairs of the State and 
keeps a record of all accounts in which it is interested. 

b. He examines, and approves all claims against the State 
that are warranted by law, and keeps an index of them. 

c. He draws warrants on the treasurer for the payment of all 
moneys authorized by law, specifying the specific appropriation 
of funds from which they are to be paid. Each warrant is num¬ 
bered consecutively, starting with No. 1 at the beginning of each 


CIVICS: TEXAS AND FEDERAL 


63 



fiscal year. The State’s fiscal year begins September 1 and ends 
August 31. 

d. He prescribes forms to be used in the collection of the 
State revenues and from time to time issues instructions to 
assessors and collectors. 

e. Annually, on the first Monday of November he furnishes 
the governor a detailed statement of all the funds belonging 
to the State, with the receipts and disbursements for the pre¬ 
ceding year, and also a specific estimate of the appropriations 
needed for the coming year, showing the means of meeting the 
proposed expenditures. 

The Treasurer.— It is the duty of the treasurer to 

keep safely all 
moneys belong¬ 
ing to the State, 
and to disburse 
them only on 
warrants signed 
by the comp¬ 
troller of public 
accounts. Often 
there are hun¬ 
dreds of thou¬ 
sands of dollars 
on deposit in the 
great steel 
vaults in the 
treasurer’s of- 
fice. These 
vaults are care- 
fully guarded 
both day and 
night to prevent 
loss by theft. 
The treasurer 
himself is under 
a bond of $75,000, guaranteeing the safekeeping of the 
state funds and the making of all disbursements accord¬ 
ing to law# All the employees in his office who touch 


Vaults In the State Treasurer’s Office. 
In Them Are Kept the Money and Bonds 
in the Custody of the Treasurer. 

















64 


CIVICS: TEXAS AND FEDERAL 


the State’s money are also under bond. On the first 
Monday of November in each year the treasurer submits 
to the governor an exact statement of the condition of 
the state treasury. Upon demand he must exhibit to the 
Legislature, or to a legislative committee, all the books, 
vouchers, and papers belonging to his office. He is also 
the custodian of all bonds in which the school funds of 
the State are invested. 

The Railroad Commission.—In 1854 the first mile of 
railroad was built in Texas. The building of railroads 
was very slow at first, owing to the few settlers in 
many sections of the State. In 1860 the total mileage 
was 393 miles; in 1870 it had only increased to 711 
miles; and in 1880 was 3,244 miles. Since 1880 railroads 
have been built with so great rapidity that in 1911 there 
were 14,296 miles of main lines in the State. That year 
saw more new miles built than were constructed during 
the ten years from 1860 to 1870. At first the railroads 
did not need any more oversight on the part of the State 
than is given ordinary corporations, but by 1891 they 
had become so powerful, and so arbitrary in their deal¬ 
ings with the public, as to make necessary special 
officers to see that they did not ignore the rights of the 
people. In that year the Legislature created the Rail¬ 
road Commission, consisting of three members. The 
railroads fought the creation of the commission, but at 
last the Supreme Court of the United States decided 
that the people of the State had the right to establish 
it for their protection. In 1894 the Constitution was 
amended making the commissioners executive officers 
of the State, so that there could be no question as to 
their authority. The Texas Railroad Commission is 
regarded throughout the United States as a model 
agency for the adjustment of troubles arising between 
railroads and the public, and its decisions have had the 


CIVICS: TEXAS AND FEDERAL 


65 


general approval of fair-minded people. Texas is unique 
among the States in requiring all railroads operating 
within her borders to be Texas corporations. Thus they 
are more amenable to her laws than they would be if 
foreign corporations, i. e., corporations having their gen¬ 
eral offices in other States. The principal duties of the 
Railroad Commission are as follows: 

a. It compiles information concerning the construction, cost, 
rolling stock, equipment, stocks and bonds, operating expenses, 
volume of business, income and rates of all the railroads in 
Texas. 

b. It regulates freight and passenger rates, and corrects 
abuses and prevents discriminations and extortion, affecting 
shippers and passengers. 

c. It investigates reported abuses and wrongdoing by rail¬ 
roads and imposes penalties for the same. When the railroads 
do not pay the penalties assessed against them it orders suits 
to be brought in the courts to compel them to do so. 

d. It makes rules requiring railroads to post fixed tariff 
rates, to maintain train schedules, to furnish comfortable de¬ 
pots, and to adopt rules for the operation of their trains so as to 
conserve the safety of passengers and freight. 

e. It regulates the issuance of all bonds by railroad com¬ 
panies and thus protects the people from the over-capitalization 
of a railroad. 

Commissioner of Agriculture. —The work of this offi¬ 
cer is well indicated by his title, which is “Commissioner 
of Agriculture.” He has mineralogical and zoological sur¬ 
veys of the State made and publishes reports of them 
from time to time. He keeps a State Cabinet of specimens 
of minerals, coal, stones, and useful substances obtained 
from Texas lands or waters, and also of all natural his¬ 
tory specimens peculiar to the State. He has analyses 
and assays made of mineral deposits belonging to the 
State; and also of those belonging to private parties for 
fees established by law. He is an ex-officio member of 
the Board of Directors of the Agricultural and Mechan¬ 
ical College, and is expected to keep informed of the 
practical experiments made by it and to compile records 
of them, and to keep in communication with the United 


66 


CtVICS: TEXAS AND FEDERAL 


States Department of Agriculture, and to file carefully 
all documents obtained from it. From this data, to¬ 
gether with that secured from the county assessors, he 
publishes information that may advance the agricultural 
interests of Texas. The importance of this officer in 
the help that he may be to the material prosperity of 
the State is easily realized when we learn that the value 
of her twelve principal agricultural crops in 1910 was 
$476,711,944, and of her mineral productions in 1909 
was $17,217,807. 

Principal Agricultural Crops, 

1910. 

Cotton and Cotton 

Seed .$265,955,944 

Corn . 114,206,000 

Truck . 30,000,000 

Wheat . 18,404,000 

Hay and Forage.. 13,900,000 

Oats •. 11,443,000 

Rice . 5,940,000 

Sugar Cane . 4,360,000 

Kaffir Corn and 

Milo Maize. 3,900,000 

Potatoes . 3,336,000 

State Revenue Agent. —He is subject to the direction 
of the governor and travels at the expense of the State 
in the discharge of his duties. It is his duty to inves¬ 
tigate the books and accounts of all officials concerned 
in the assessment and collection of taxes, and also of 
those receiving and disbursing public funds. He en¬ 
forces the collection of all license fees and revenues due 
the State. Frequently counties are careless in not re¬ 
quiring such concerns as circuses to pay the required 
license fees, or corporations are not properly assessed 
by the local authorities. It is the work of the state 
revenue agent to bring suit to recover for the State all 
revenues due it which are not being collected as re¬ 
quired by law. At the request of the governor, he audits 
the financial accounts of the various state institutions. 


Principal Mineral Products, ' 
1909. 

Petroleum .$6,793,050 

Clay . 3,148,463 

Coal . 3,141,945 

Asphalt . 857,204 

Portland Cement .... 808,997 

Salt . 260,286 

Sand and Gravel .... 246,365 

Lime . 244,845 

Silver . 212,200 

Quicksilver . 194,084 

Mineral Waters .... 98,499 


















CIVICS: TEXAS AND FEDERAL 


67 


In order to perform the duties of his office, he has free 
access to the books and records of all persons, all corpo¬ 
rations, and all institutions required to pay occupation 
taxes, or license fees to the State, or who are suspected 
of making false renditions to the tax assessors. 

The Attorney General. —He is the chief law officer of 
the State. His principal duties are as follows: 

a. To represent the State in all suits and pleas in the Su¬ 
preme Court to which it may be a party. 

b. To inquire into the charters of all private corporations, 
and to take such steps as are necessary to prevent such cor¬ 
porations from collecting taxes, tolls, freight, etc., not author¬ 
ized by law. 

c. To seek the judicial forfeiture of the charters of Texas 
corporations violating the State laws, and to prevent similar 
foreign corporations from doing business in Texas. 

d. To give legal advice in writing to the governor and other 
executive officers when it is requested by them. 

e. Upon their request, to counsel and advise county and dis¬ 
trict attorneys in actions wherein the State is interested. 

f. To assist in representing the interests of the State in 
district or other lower courts on request of the governor, or 
upon his own desire. 

g. To inspect the accounts of all charged with the collec¬ 
tion, keeping, and disbursement of State moneys, and to protect 
the State’s interests therein. 

h. To see to the purchase of property for the State, and to 
execute all necessary legal papers in connection with it. 

Commissioner of Insurance and Banking. —No insur¬ 
ance company can solicit business in Texas until it has 
been licensed to do business in the State. Before this 
is done the commissioner of insurance and banking ex¬ 
amines its books and records to make sure that it is 
doing a legitimate business and is able to carry out its 
contracts. In order to do business in the State a com¬ 
pany must deposit certain securities with this depart¬ 
ment, and in addition invest a part of its reserve in 
Texas bonds or mortgages. On June 1, 1911, there were 
664 state banks in Texas. All of them are under the 
control of this department. A corps of examiners is 


68 


CIVICS: TEXAS AND FEDERAL 


kept busy checking their books to make sure that they 
are complying with the law, and that people are safe 
in entrusting their money to them. Whenever any of 
them are found insecure they are closed by order of the 
commissioner. 

Guarantee of Bank Deposits. —Texas was one of the 
first States in the United States to pass a law protect¬ 
ing depositors in state banks from the loss of their 
money through the failure of the banks. Under this 
law every state bank must protect its depositors, either 
by availing itself of the “depositors’ guaranty fund,” or 
by the depositors’ bond security system. Under the de¬ 
positors’ guaranty plan a bank pays to the State Bank¬ 
ing Board, annually, a small per cent of its daily average 
deposits for the preceding year, with which to create a 
fund to secure depositors in state guaranty banks 
against loss in case of the failure of any of the banks. Af¬ 
ter this fund has reached the sum of two million dollars 
the bank ceases to make any further payments until the 
fund is depleted by paying losses. By the plan of the 
depositors’ bond security system, a bank files, annually, 
on January first, with the commissioner of insurance 
and banking, for and on behalf of all the depositors of 
the bank, an insurance policy or an indemnity bond in 
an amount equal to its capital stock. Should a failure 
occur the State uses this money to pay the depositors in 
full. 

Library Commission. —The State Library is under a 
Commission appointed by the governor. It is a part of 
this Commission’s duty to obtain all information possible 
regarding the history of the State, and to file it for con¬ 
venient reference; and also to preserve carefully all his¬ 
torical records, mementos, antiquities, and works of art 
relating to Texas history, that may come into the State’s 
possession. 


CIVICS: TEXAS AND FEDERAL 


69 



Courtesy of Dallas News. 


Interior of the State Library, Austin. 


THOUGHT QUESTIONS 

1. What States do not have lieutenant governors? 

2. What is a tie vote? Does the lieutenant governor have 
a vote in case of a tie? 

3. Does the president pro tempore of the Senate have a 
vote in case of a tie? 

4. Is the action of a “committee of the whole” binding on 
the house constituting the committee? 

5. Define archives. State the particulars of the “Texas 
Archive War.” 

6. What is an attested copy of a document? 

7. What is meant by election returns? 

8. To whom must election returns be made? 

9. What is a commission? 

10. What are tariff rates, train schedules, and over-capital¬ 
ization, as railroad terms? 

11. Explain the two systems by which the depositors in State 
banks are protected against the loss of their deposits. 

12. What state bank do you know? Which plan of guaran¬ 
teeing deposits does it employ? 








CHAPTER XI 


STATE LANDS 


The Public Domain.—Whenever a government is es¬ 
tablished all the land within its boundaries, not owned 
by private parties whose titles are respected, becomes 
the property of the government, and is called the public 
domain. While Texas was a Spanish possession a few 
large grants of land were made to those in favor with 
the king. Between 1821 and 1835 Mexico made a deter¬ 
mined effort to settle the country with people from the 
United States, by entering into contracts with promoters 
to give a certain amount of land for every family settled 
in the province. The first grant was made to Moses 

Austin. It is known 
that 9,249 families were 
contracted to be set¬ 
tled in Texas under 
these grants and that 
some of the settlers re¬ 
ceived as much as 4,605 
acres of land. When 
Texas became indepen¬ 
dent the public domain 
included about 211,646,- 
080 acres. In 1850 Tex¬ 
as sold 67,000,000 acres, 
lying in what is now 
New Mexico, to the 
United States for ten 
million dollars. During 
the days of the Republic 
Texas- had no money 
with which to carry on 



70 






CIVICS: TEXAS AND FEDERAL 


71 


the government and to pay the loans advanced to her 
during the Revolution. To raise money “land certifi¬ 
cates,’’ or scrip, good for 320 acres and 640 acres each, 
were sold by agents throughout the United States. This 
land brought fifty cents an acre. Scrip for 1,329,200 
acres was sold. 

Land was also given to the soldiers who had 
served in the “War of Independence,” and to the heirs of 
those who lost their lives in the Alamo and in the va¬ 
rious battles fought with the Mexicans. The Republic 
also gave lands to immigrants and 27,000 acres for a na¬ 
tional highway that was never constructed, and set aside 
thousands of acres for the cause of education in the coun¬ 
ties and for a state university. When Texas entered the 
Union, unlike the other States, she retained full control 
of all her public domain. Since that time she has used her 
lands to encourage railroad building, manufacturing en¬ 
terprises, irrigation projects, in making rivers navigable, 
and for building the State Capitol. Best of all, she has 
given 52,000,000 acres, or approximately one-third the 
present area of the State for the cause of education. It 
was her intention that all the counties should receive the 
same amount of land for their common school fund, but 
several have received no land. 

Texas Land Measure.—As the public domain be¬ 
longed originally to Spain, it came to pass that Spanish 
land measures were used in the earliest grants and sur¬ 
veys. In place of feet and miles the Spaniards used 
varas and leagues. When Texas became a republic the 
vara was continued as the unit in measuring lands. The 
vara in Texas is equal to 33 1-3 inches and the league 
to 2.63 miles. The law requires the use of the Spanish 
measures by surveyors in their field notes. 


72 


CIVICS: TEXAS AND FEDERAL 


Commissioner of the General Land Office.—On De¬ 
cember 22, 1836, a general land office was established. 
Each claimant of public land located his land and filed 
a description of it, 

Wo. $// 

sms «*WErar 


as best he could, 
with this Land Of¬ 
fice. Of course 
there was much 
overlap ping of 
claims which has 
led to many law 
suits, some of 
which are still 
in progress. Re¬ 
membering that 
nearly all the land 
of our State was a 
part of the public 
domain and passed 
from the State to 


nt*r Sa/w 




x' xt, x f, (. 


<->&/*** 4t*4t*»* /vnA. 0- 


; 






». ^4^ ^ 








Land Certificate Issued by the 
Republic of Texas. 


private individuals in the form of land grants, the im¬ 
portance of the Commissioner of the General Land Office 
is apparent. He keeps a register and description of all 
land titles that have emanated from the State, and a rec¬ 


ord of all land certifi¬ 
cates and patents. He 
countersigns all land 
patents signed by the 
governor and issued 
in the name and by 
the authority of the 
State to purchasers of 
State lands. He caus¬ 
es the lands belong¬ 
ing to the State to be 



The General Land Office. 











CIVICS: TEXAS AND FEDERAL 


73 


surveyed and mapped. He represents the State in ad¬ 
justing conflicting land claims, where some private 
party claims land that he thinks belongs to the 
State; and he secures, through the courts, the forfeiture 
of spurious and annulled land claims. He reports an¬ 
nually to the governor the condition of the General Land 
Office, with a detailed statement of all moneys received 
and paid out by it. 

THOUGHT QUESTIONS 

1. Define public domain. 

2. What advantage has Texas over any other State in the 
Union in the matter of public domain? 

3. Was it a wise policy for Texas to sell her lands at a low 
price? 

4. What is meant by Spanish grants? 

5. Are Texas land titles good? 

6. What system of land measurement prevails in Central, 
South, and East Texas? 

7. What is meant by agricultural lands? Grazing lands? 
Mineral lands? 

8. Does Texas now dispose of the mineral rights when she 
sells her mineral lands by the section? 

9. Is Texas justifiable in her action in disposing of min¬ 
eral lands? 

10. What are the “school lands?” 


CHAPTER XII 

THE JUDICIAL BRANCH 

The State Judiciary.—This is composed of many 
courts, divided into groups known' respectively as the 
higher courts and the lower courts. The higher courts 
are the Supreme Court, the Court of Criminal Appeals, 
and eight courts of civil appeals. The lower courts are 
the district courts, county courts, commissioners’ courts, 
municipal or corporation courts, and justice of the peace 
courts. The Legislature may establish other courts if 
deemed necessary, and may prescribe how they shall be 
organized, and define their jurisdiction. It has never 
exercised this power in the establishment of any state 
courts, other than county courts at law and county crimi¬ 
nal district courts. Their establishment was demanded 
to expedite the trial of cases in congested counties. The 
Legislature defines their jurisdiction, and where their 
jurisdiction is in conflict with the county or the district 
courts heretofore given in the counties involved, the 
jurisdiction is taken from the county or the district 
courts. 

Qualifications of Judges.—-In order to be eligible to 
the position of judge of any of the higher courts one 
must possess the following qualifications: 

a. He must be a male citizen of the United States and of 
Texas. 

b. He must be at least thirty years of age. 

c. He must have been a practicing lawyer or judge of a 
court in Texas for at least seven years. 

In order to be eligible to the office of district judge 
one must possess the following qualifications: 

a. He must be a male citizen of the United States and of 
Texas. 

b. He must have been a practicing lawyer or judge of a 
court in Texas for at least two years immediately preceding 
his election. 

c. He must have been a resident of his district for at least 
two years immediately preceding his election. 


74 



SUPREME JUDICIAL DISTRICTS 









































































CIVICS: TEXAS AND FEDERAL 


75 


in order to be eligible to a county judgeship one must 
possess the following qualifications: 

a. He must be a male citizen of the United States and of 
Texas. 

b. He must be a resident voter of his county. 

c. He must be well informed in the laws of Texas. 

The Supreme Court.—This court heads the judiciary 
system of the State. It consists of a chief justice and 
two associate justices, each of whom is elected for six 
years by the qualified voters of the State. The term of 
office of one justice expires every two years. The jus¬ 
tices receive a salary of $4000 a year. This court is in 
session at Austin from October to June of each year. 
It is the court of last appeal for all cases involving civil 
and constitutional law, but it does not hear appeals in 
cases involving only criminal law. 

The Court of Criminal Appeals.—This court consists 
of a chief justice and two associate judges, each of 
whom is elected for six years by the qualified voters of 
the State. The term of office of one of them expires 
every two years. Each of them receives a salary of 
$4000 a year. This is the last court to which anyone 
convicted of a crime under the .laws of the State can ap¬ 
peal. This court sits at Austin from October to June of 
each year. 

The Courts of Civil Appeals.—The State is divided 
into eight supreme judicial districts. In each of them 
there is a court of civil appeals, located so as to be con¬ 
venient for the people of its district. These courts meet 
at the following places: 

First District .Galveston, 

Second District . Ft. Worth. 

Third District .Austin. 

Fourth District .San Antonio. 

Fifth District .Dallas. 

Sixth District . Texarkana. 

Seventh District .Amarillo. 

Eighth District . El Paso. 










76 


CIVICS: TEXAS AND FEDERAL 


Each court consists of a chief justice and two asso¬ 
ciate justices, who are elected for terms of six years by 
the qualified voters of its supreme judicial district. The 
term of one judge expires every two years. Vacancies 
in these courts are filled by appointees of the governor 
until the next regular election, when judges are elected 
for the unexpired terms. The judges of the courts of 
civil appeals receive a salary of $3500 a year. The 
courts of civil appeals sit from October to June of each 
year. They can only hear cases appealed to them from 
the county courts and the district courts within their 
respective supreme judicial districts. Appeals are taken 
from their decisions to the Supreme Court. Decisions of 
the Courts of Civil Appeals are final in several classes 
of cases. 

Removal of Judges by Address.—A judge of any of 
the higher courts, guilty of offenses less serious than 
those for which he can be impeached, such as wilful neg¬ 
lect of duty, incompetency, habitual drunkenness, or of 
oppression in office, is removed from office by address. 
To do this both branches of the Legislature, by a two- 
thirds vote, must pass a resolution, or address, to the 
governor stating the cause for the removal. The gov¬ 
ernor will then appoint his successor to serve until the 
position is filled by election. The Supreme Court may 
remove any district judge for the same causes. Be¬ 
fore a judge is removed by address, or by the Supreme 
Court, he must be given notice of the proposed action, 
and must be given a hearing at which he is entitled to 
all the privileges usually accorded a defendant in crim¬ 
inal trials. 

The District Courts.—In 1912 Texas had seventy- 
three district courts. Each is presided over by a judge 
elected by the voters of his district for a term of four 
years. The salary of a district judge is $3000 a year. 


CIVICS: TEXAS AND FEDERAL 


77 


Should a district judge remove his residence from his 
district his office becomes vacant and is filled by the 
governor. He must hold at least two terms of his court 
annually, in each county in his district. District courts 
have jurisdiction in civil cases, such as land suits, di¬ 
vorce cases, slander and libel cases, and in cases in which 
the amount of money involved is more than $1000. 
They also hear criminal cases of the grade of felonies, 
i. e., punishable by death or imprisonment in the peni¬ 
tentiary. They try suits in which the State seeks to 
recover penalties, forfeitures, etc. They try city and 
county officials for misconduct in office. They settle 
all contested elections of county officers. They hear 
appeals from the county courts in their districts in pro¬ 
bate matters. 

County Courts.—There is one county court in each 
organized county, presided over by the county judge, 
who holds office for two years and receives as a com¬ 
pensation for his services such fees and perquisites as 
the law allows. He must hold his court quarterly at the 
county seat, and oftener if the commissioners’ court or¬ 
ders him to do so. Should a vacancy occur in the coun¬ 
ty court it is filled by the commissioners’ court. The 
county court has jurisdiction in civil cases as follows: 

a. All cases involving amounts between $200 and $500, ex¬ 
clusive of interest. This does not include suits for the enforce¬ 
ment of liens upon lands. Such cases must be tried in the dis¬ 
trict court. 

b. In cases involving amounts from $500 to $1,000, the county 
court has concurrent jurisdiction with the district courts. 

c. In all cases appealed from the justice of peace courts. 

d. In all probate matters. 

e. In all proceedings in the exercise of the right of eminent 
domain to condemn property for public purposes. 

It has jurisdiction in criminal cases as follows: 

a. All cases appealed from justice of peace courts. 

b. All cases of misdemeanors, i. e., petty offenses punishable 
by fine, sentence to jail, or to work on the roads. 

Appeals from a county court are taken, in civil cases, 


78 


CIVICS: TEXAS AND FEDERAL 


to the court of civil appeals of its supreme judicial dis¬ 
trict; in criminal cases, to the Court of Criminal Ap¬ 
peals ; and in probate matters to the district court for 
that county. County courts have final jurisdiction in 
civil cases involving less than one hundred dollars. 

The County Judge as Probate Judge.—When a per¬ 
son owning property dies the law provides for the set¬ 
tlement of his estate. If he left a will, i. e., a document 
properly drawn stating to whom he wishes his property 
to go after his death, this will is probated or “proved,” 
before the county judge. If he left no will then the 
county judge appoints some one, called an administrator, 
to settle his estate under the direction of his court. He 
requires of the executors of wills and administrators ot 
estates that come under his jurisdiction a strict account¬ 
ing for their acts, and attends personally to the settle¬ 
ment, partition, and distribution of these estates. He 
appoints guardians for the children to whom property is 
left by the death of a parent. These must administer this 
property for the children’s benefit until they reach the le¬ 
gal age, i. e., twenty-one years. He also appoints guard¬ 
ians for idiots, lunatics, and common drunkards pos¬ 
sessed of property, in order that their property may be 
cared for properly. 

Justice of the Peace Courts.—Each organized county 
is divided into not less than four nor more than eight 
justice precincts, from each of which one justice of the 
peace is elected by the qualified voters. If a precinct 
has within it a city of 8000 or more inhabitants it must 
elect two justices of the peace. A justice of the peace 
must be a qualified voter of his precinct and serves for 
two years. A vacancy in this office is filled by the com¬ 
missioners’ court. A justice of the peace is entitled to 
such fees as the law prescribes. Fie holds a session once 
a month to try civil cases. At all times he must be 


CIVICS: TEXAS AND FEDERAL 


79 


ready to try criminal cases, and also to hold the examin¬ 
ing trials of those accused of felonies. Examining 
trials are to determine whether the accused person shall 
be held under arrest to await the action of the grand 
jury, and if so, whether the charge against him is bail¬ 
able, and what amount of bail shall be demanded before 
releasing him from custody. Each justice of the peace 
has a constable in his precinct to execute the commands 
of his court, just as the sheriff does those of the com¬ 
missioners’ court and the district court. Justice of the 
peace courts have jurisdiction as follows: 

a. In criminal cases when the fine may not be more than $200. 

b. In civil cases in which the amount in controversy is not 
more than $200, not including interest, except that suit for pay¬ 
ment of a vendor’s lien note cannot be brought in this court even 
though the amount in controversy may be less than $200. 

Any one to be tried for a crime or misdemeanor may 
demand a jury of six persons; or either of the parties to 
? civil suit may demand a jury of six persons, upon the 
payment of three dollars. All criminal cases, and civil 
cases where the amount in dispute is more than twenty 
dollars, may be appealed to the county court. 

Who Represents the State. —In the county and justice 
of the peace courts the State is represented by the coun¬ 
ty attorney. In some judicial districts district attorneys 
arc ejected by the voters of the entire district to repre¬ 
sent the State in the district courts, but districts seldom 
elect district attorneys unless they are composed of sev¬ 
eral counties. If they do not elect a district attorney 
then the county attorneys represent the State in the dis¬ 
trict court when it meets in their respective counties. 
There are seventy-three judicial district courts in Texas, 
but in many instances one district attorney represents 
the State in several of them, as is the case of the four 
district courts in Bexar County. In the Supreme Court, 
Court of Criminal Appeals, and the courts of civil ap- 


80 


CIVICS: TEXAS AND FEDERAL 


peals, the State is represented by the attorney general 
and his assistants. 

Clerks of the Courts.—Courts in which complete rec¬ 
ords of all proceedings, orders, and findings are kept by 
a clerk, and in which all formal documents are issued 
under seal, are called courts of record. A copy of the 
record of a case in a court is called a transcript. The 
records of a court are kept by a court attendant, called 
the clerk of the court. All the higher courts appoint 
their clerks, and can remove them for failure to dis¬ 
charge the duties of their office. The terms of office 
of the clerks of the Supreme Court and the Court of 
Criminal Appeals is four years, and of the clerks of the 
courts of civil appeals is two years. The clerks of the 
district courts and county courts are elected by the quali¬ 
fied voters in their respective districts or counties at the 
general election, and serve for two years. 

THOUGHT QUESTIONS 

1. What are the two classes of Texas courts? 

2. How many judges must concur to secure a decision when 
the court consists of three judges? 

3. What is meant by original jurisdiction? Appellate juris¬ 
diction? Exclusive jurisdiction? Concurrent jurisdiction? 

4. Under what conditions can a criminal case be carried to 
the Supreme Court? 

5. How many courts of civil appeals has Texas? 

6. Have courts of civil appeals any original jurisdiction? 

7. May a county have more than one district court? 

8. What court tries felony cases? 

9. What court tries cases of malfeasance in office? 

10. What court tries land cases? 

11. What court has jurisdiction over probate matters? 

12. What court has jurisdiction over election contests? 

13. Explain the terms probate judge, administrator, guardian, 
probated will, estate partition. 

14. What is meant by an examining trial? Bailable case? 

15. What is a misdemeanor? A felony? Give an example 
of each. 

16. What is assault? Burglary? Arson? Robbery? High¬ 
way robbery? Manslaughter? Murder? Assassination? 

17. What is a court of record? A transcript? 


CHAPTER XIII 


THE WORK OF THE COURTS 

The Jury System.—Going back in English history we 
find that whenever a death occurred under suspicious 
circumstances it was the duty of an officer called the 
coroner, or crowner, because he was originally appoint¬ 
ed by the king and was his direct representative in the 
county, to investigate the cause of death. In this work 
he was assisted by twelve jurors, i. e., sworn men chosen 
by him. If there was evidence of a crime having been 
committed the coroner could have the person charged 
with it arrested and brought to trial. This was the ori¬ 
gin of our jury system, which now includes two dis¬ 
tinct kinds of juries—grand juries and petit (pet'y) 
juries. 

The Grand Jury.—This consists of twelve men who 
are intelligent and able to read and write, and of good 
reputation, and who have never been convicted of any 
felony, or been under any indictment or other legal ac¬ 
cusation for theft or for a felony, and who are qualified 
voters and freeholders. They are selected by jury com¬ 
missioners appointed by the district judge. They a re 
required to take the following oath, which is adminis¬ 
tered by the judge or the clerk of the court: 

“You solemnly swear that you will diligently inquire into 
and true presentment make of all such matters and things as 
shall be given you in charge; the State’s counsel, your fellow’s, 
and your own you shall keep secret, unless required to disclose 
the same in the course of judicial proceedings in which the 
truth or falsity of evidence given in the Grand Jury Room in a 
criminal case shall be under investigation.. You shall present 
no person from envy, hatred, or malice; neither shall you leave 
any person unpresented for love, fear, favor, affection, or hope 
of reward; but you shall present things truly as they are to 
your knowledge, according to the best of your understanding, 
so help you God.” 

After the grand jury is sworn, the judge appoints one 


81 


82 


CIVICS: TEXAS AND FEDERAL 


of its members foreman and then gives it special in¬ 
structions for its guidance. In case of some flagrant 
violation of the law the judge may afterwards call a 
meeting of the grand jury to receive special instruc¬ 
tions with reference to it. The case or cases thus 
brought to its notice must be acted upon specifically in 
special sessions and decisions rendered. In ordinary 
procedure the cases passed upon by the justice of peace 
courts in preliminary trials, and then held under bail for 
a grand jury hearing, are disposed of first; next those 
matters contained in the judge’s instructions are consid¬ 
ered; and finally such.matters of law violation as are 
brought to its attention by citizens, or by the prosecut¬ 
ing attorney, or that have come to the personal knowl¬ 
edge of separate jurors. The sessions are secret, al¬ 
though the prosecuting attorney may assist in examin¬ 
ing witnesses. All witnesses are placed under oath and 
thus made subject to penalties that the law prescribes 
for perjury, i. e., swearing to a lie. The grand jury has 
the power to commit to jail witnesses who refuse to an¬ 
swer questions that are legally proper. Upon the vote 
of nine grand jurors who believe in the guilt of a person, 
and who also believe that sufficient evidence is obtain¬ 
able to secure his conviction in the trial court, an indict¬ 
ment, i. e., a bill charging him with a specific offence, 
is drawn up and signed by the foreman. All indictments 
found are presented to the judge in open court. They 
are then filed by the clerk and warrants are issued for 
the arrest of those accused. If the indictment charges 
a crime of felony grade the accused must be tried by a 
petit jury in the district court. If the crime is of mis¬ 
demeanor grade over which a county court has jurisdic¬ 
tion, the indictment is filed with that court in the county 
where the crime was committed. 

The Petit Jury. —Under the Constitution the Legisla- 


CIVICS: TEXAS AND FEDERAL 


83 


ture has the power to regulate the right of trial by jury. 
Misdemeanors may be prosecuted on indictment, infor¬ 
mation, or complaint; but felony cases can be tried only 
after an indictment by a grand jury, and must be tried 
by a petit jury, i. e., a jury of twelve men, who should 
be free from prejudice and carefully chosen so as to 
safeguard all the rights of the accused and of the State. 

In Criminal Cases.—In all criminal cases in all the 
trial courts of Texas, whether city, county, or State, the 
one accused has the right of a trial by jury. He also 
has the right of a lawyer to defend him, and to compel 
the attendance of all necessary witnesses. If he is in 
poverty this right will be accorded him at public ex¬ 
pense. In misdemeanor cases he may waive his right to 
a jury trial, and submit his case to the judge. In felony 
cases the jury trial can not be dispensed with, even at 
his request. Should he plead guilty the plea must go to 
the jury and a written verdict of “guilty” must be re¬ 
turned by that body. A petit jury in criminal cases can 
find only two verdicts—“guilty” or “not guilty.” Either 
verdict must be by unanimous vote of the jurors. If the 
jurymen can not agree upon a verdict, the jury is dis¬ 
missed by the judge and a new trial is ordered. If the 
verdict be “guilty” the judge then, or at some future 
time, pronounces sentence upon the person tried. In 
misdemeanor cases that are punishable with fines the 
convicted person has the costs of trying the case added 
to the fine assessed, and if he can not pay this amount 
he is sent to jail for a specified length of time, or is 
required to work for the county until the fine and costs 
are paid by his work. In this way many counties keep 
their roads in repair. 

The Right of Appeal.—If the convicted person thinks 
that the trial was unfair in any material way, he may 
ask the court for a new trial. If a new trial is re- 


84 


CIVICS : TEXAS AND FEDERAL 


fused he may then appeal his case to the Court of Crimi¬ 
nal Appeals. If the court affirms the judgment of the 
lower court its decision is final and the sentence of the 
judge becomes effective. But if the Court of Criminal 
Appeals reverses the decision of the lower court it may 
dismiss the case, or it may remand it to the original trial 
court for a new trial. The State has no appeal in crimi¬ 
nal cases, though the verdict of ‘‘not guilty” may have 
been flagrantly at variance with the law and evidence as 
produced in court. Even if the jury was bribed to return 
a verdict of “not guilty,” the acquittal must stand. 

In Civil Cases.—In suits and other civil cases, the 
party who brings the case is called the plaintiff, and the 
one against whom it is brought is called the defendant. 
In all civil cases in the district court the defendant has 
the right of a jury trial upon the payment of five dollars, 
and in the county courts or justice of the peace courts, 
upon the payment of three dollars. If he is in poverty, 
a jury trial must be accorded him without charge. The 
plaintiff in civil cases may also demand a jury trial un¬ 
der the same conditions. In such cases the judge or the 
jury decides whether the plaintiff is right in his claim, 
and if so, renders judgment in his favor, determining 
what his redress shall be. The party losing a civil case 
must pay all the costs of the trial. Appeals may be 
taken by either party to the next higher court that has 
jurisdiction over civil cases. 

THOUGHT QUESTIONS 

1. What is the coroner’s duty now? Does he ever summon 
a jury? 

2. Explain the terms indictment, plaintiff, defendant, warrant. 

3. Is every false statement of a witness under oath perjury? 

4. Does a plea of guilty by one on trial end the trial? 

5. What is a confession? 

6. Find out who may be chosen to serve on the jury. 

7. Trace a civil case on appeal from the lowest court to 
the highest. 


CHAPTER XIV 


SOME POWERS OF JUDGES AND COURTS. 

Contempt of Court.—Each court has power to punish 
any person guilty of its contempt as follows: 

Justice of the Peace Courts.—Fine not to exceed $25; im¬ 
prisonment not to exceed one day. 

County Courts.—Fine not to exceed $100; imprisonment not 
to exceed three days. 

District Courts.—Fine not to exceed $100; imprisonment not 
to exceed three days. 

Civil Courts of Appeal.—Fine not to exceed $1,000; imprison¬ 
ment not to exceed twenty days. 

Criminal Court of Appeals.—Fine not to exceed $1,000; im¬ 
prisonment not to exceed twenty days. 

Supreme Court.—Fine not to exceed $1,000; imprisonment not 
to exceed twenty days. 

One may come in contempt by failure to obey the pro¬ 
cesses and writs of the court, or by contemptuous lan¬ 
guage used in its presence, or by public criticism of its 
decisions while cases are pending before it. 

Writs.—Each court has power to issue all writs nec¬ 
essary to the enforcement of its jurisdiction. Writs are 
written orders, directing or commanding something to 
be done or not to be done. Writs that are intended to 
correct or remedy a state of facts not consistent with law 
or justice are called remedial writs. Writs issuing from 
justice of the peace courts are served by constables. 
Those issuing from higher courts are served by sheriffs 
and their deputies. 

Remedial Writs.—-The principal remedial writs are as 
follows: 

a. Habeas Corpus.—This is the oldest writ we have. From 
1215, when the barons and common people wrung from King 
John in the Runnymede Meadows, on the banks of the Thames 
River, the Magna Charta (kar'ta), it has been a principle of 
English law that a prisoner could demand from a court this 
writ. It compels those restraining his liberty to produce him 
before the court, so that it may determine whether he is being 
restrained illegally. Wherever Englishmen have established 


85 


86 


CIVICS: TEXAS AND FEDERAL 


colonies they have established the writ of habeas corpus, as the 
basis of their personal liberty laws. 

b. Mandamus.—A writ commanding some specific act of 
obedience on the part of a person, corporation, or inferior court. 

c. Injunction.—A writ that prohibits a person or corporation 
from doing some specific act. The granting of injunctions, al¬ 
leged to have been unnecessary, has brought much criticism 
on the courts, and efforts are being made in Congress, as well 
as in the States, to curtail this power of judges. There are two 
kinds of injunctions—temporary and .permanent. A temporary in¬ 
junction is one issued to prevent an act from being done, until 
tne court can hear both parties, when the injunction may either 
be made permanent or be removed. 

d. Attachment.—A writ commanding the taking into custody 
of the law of some person or his property. 

e. Garnishment.—A writ commanding a third party to appear 
in court and show what effects are in his possession, or what 
amount he is indebted to a defendant. 

f. Execution.—A writ to put in force a sentence that has 
been imposed, to put into effect a decision in some civil case. 

g. Sequestration.—A writ authorizing taking into custody of 
the court real and personal property in possession of a de¬ 
fendant, pending litigation, and holding it until the rights thereto 
are determined by the court. 

h. Supersedeas.—A writ containing a command to an in¬ 
ferior court to stay the proceedings in a specific case, until it 
can be heard by the higher court. 

i. Quo warranto.—A writ commanding an officer, or other 
person, or corporation, to show by what authority an office or 
claim is held, or a power exercised. 

j. Certiorari (sur shl 6 ra'ri).—A writ directing an inferior 
court to certify the record of a case tried before it to a higher 
court for judicial review. 

Other Writs.—Other writs that may issue from a 
court are as follows: 

a. Writ of Arrest.—When a person wishes to have any one 
arrested for some offence he goes before a court and swears 
to the charge. Then the court issues a writ commanding the 
arrest of the person accused. Arrests can be made by police¬ 
men only within their cities, but by sheriffs and their deputies 
anywhere within the county. If the accused escapes without the 
State he can only be arrested by the officers of the State where 
he may be. The governor of Texas will then make a request 
of the governor .of the other State that he be returned to Texas 
for trial. This is called a requisition and is usually honored. 

b. Writ of Election—A writ ordering an election for a cer¬ 
tain purpose, on a certain day, and at specified places. 

c. Subpoena (pe'nd).—This writ commands the appearance 


CIVICS: TEXAS AND FEDERAL 


87 


of a person at court, on a particular day, to testify in some case 
to be tried at that time, or to qualify as a juror. 

Marriages. —Before two people can be married in 
accordance with Texas statutes, they must secure a li¬ 
cense from the county clerk. This license can not be 
granted when the male is under sixteen years of age 
and the female under fourteen years of age. Males under 
twenty-one years and females under eighteen years must 
have the written consent of their parents, or guardians, 
before the county clerk will issue a license. If he is in 
doubt as to the applicants being of sufficient age he may 
demand a certificate from the parents or guardians stat¬ 
ing their age. After the license is procured the marriage 
ceremony may be performed by a judge of any of the 
lower courts or by a mayor. All regular licensed or or¬ 
dained ministers of the Gospel, and Jewish rabbis may 
also perform the ceremony. 

THOUGHT QUESTIONS 

I What '.s contempt of court? Illustrate. 

2. What is meant by an examining trial before a justice of 
the peace? 

3 If a person accused of a crime is released after an ex¬ 
amining trial, can he be indicted and tried for the offense after¬ 
ward? 

4. What is a remedial writ? 

5. If an accused person is released under a habeas corpus 
trial, is he thereby deemed innocent? 

6. Explain a mandamus proceeding. 

7. Can a person be mandamused to do, as well as not to do, 
a specific act? 

8. What is the objection to having a writ of injunction 
granted by a judge whose court is in another part of the State? 

9. Can wages due a workman be garnisheed for debt? 

10. Under what circumstances can a sheriff arrest a person 
without a warrant? 

11. Under what circumstances can a private citizen arrest a 
person? 

12. What is a requisition? 

13. Under what circumstances is a governor justified in re¬ 
fusing to grant requisition papers? 

14. Can a man be punished for not appearing at court after 
a subpoena has been' served upon him? 


CHAPTER XV 

PARTY ORGANIZATION 

Origin of Political Parties. —Political parties are the 
natural outgrowth of popular suffrage. Every good 
citizen desires the wisest solution of all public questions. 
This desire brings about the agitation and discussion of 
such questions. These discussions tend to educate all and 
to cause persons of similar views to associate together 
to secure laws in accordance with their views. A formal 
union of all persons who hold similar views on certain 
public questions constitutes a party. In most govern¬ 
ments at least two views as to the nature of the govern¬ 
ment are found to exist. One view is in support of as 
strong a central government as is consistent with local 
and individual interests; the other view is in support of 
as great liberty in local affairs as is consistent with the 
unity and safety of the general government. The advo¬ 
cates of these respective views constitute the two great 
parties of modern nations. In the United States these 
parties are known as Republican and Democratic re¬ 
spectively. A compromise between the views of these 
parties gives reasonable satisfaction to the masses, so 
the two great parties in our State and in our Nation, by 
mutual concessions, have given us a safe and conserva¬ 
tively progressive government. If popular demands are 
not recognized by either of these great parties, a third 
party comes into existence to incorporate those demands 
into laws. When the mission of this third party is ac¬ 
complished, it either becomes disorganized and ceases to 
exist, or it takes the place of one of the other parties. 

How a Party is Organized. —In order to have perma¬ 
nent success at the polls a party must have a permanent 
organization. The better this organization is the more 


CIVICS: TEXAS AND FEDERAL 


89 


successful the party will be. It is largely due to its close 
organization that “Tammany Hall/’ as the Democratic 
party in New York City is called, is able to control not 
only local politics, but frequently the State at large. 

The strength of a party rests in its permanent commit¬ 
tees. Each party has a national committee for the coun¬ 
try at large, a state committee for each State, and also 
committees for each county, city, and town. A few 
months before an election is to take place these commit¬ 
tees call primaries, that is, they summon the qualified 
voters of their party to meet on a specified day at the 
voting places in their respective wards or precincts to 
choose delegates to attend the state convention, or the 
county convention, as the case may be. These commit¬ 
tees make all the rules governing the holding of the 
primaries, determine the number and the distribution of 
the delegates, and decide between contesting delegates. 
These delegates are supposed to do the will of the voters 
who chose them as their representatives. It is very im¬ 
portant that every voter vote in the primary of his party, 
because if his party happens to be strong enough to win 
at the regular election, this will be his only chance to 
help place honest, well qualified men in office. When 
the general election is held, if he votes his party’s ticket, 
he will have to vote for the candidates that were nomb 
nated in the convention. 

A Nominating Convention. —In Texas the conventions 
are generally held in the months of July and August fol¬ 
lowing the primaries. On the day set by the committee 
the delegates assemble at some city chosen for the pur¬ 
pose. If it is a state convention there will be hundreds 
of delegates representing every section of the State, the 
/ ger places having more of them than the smaller ones 
do. This convention will be called to order by the chair¬ 
man of the executive committee, temporary officers 


90 


CIVICS : TEXAS AND FEDERAL 


will be chosen, and various committees will be appointed 
to prepare resolutions and to report on various matters 
to the convention. Prominent members of the party will 
make speeches, and there will be much enthusiasm and 
frequently disagreement as to party policy. Finally, after 
the other business has been disposed of, the delegates 
will proceed to nominate men for the different offices. 
Often many ballots are required before any one man 
secures the necessary number of votes to be nominated 
for a particular office. Before adjourning, the conven¬ 
tion will select a new permanent committee to serve un¬ 
til the organization of the next convention. In con¬ 
ventions like this, delegates to higher conventions are 
chosen, county and state officers are nominated, and 
party principles and policies are decided upon. In Texas, 
the Democratic party chooses all its candidates for of¬ 
fice, and passes upon all party questions, in a primary. 
Later the delegates to the state convention, by their bal¬ 
lots, register the will of their party as expressed in the 
primary. It is because of this that we know as soon as 
the primary is concluded who the Democratic candidates 
are to be. Such a primary is conducted like a general 
election, and is regulated by law. 

THOUGHT QUESTIONS 

1. What is meant by a political party? 

2. What two political parties have existed from the foun¬ 
dation of our government? 

3. What two men were the formulators of the doctrines or 
these two parties? 

4. On what two points have these parties always differed? 

5. State what you can about party organization. 

6. What is meant by a party primary? A primary election? 

7. Does a party primary election in Texas have most of the 
safeguards of a regular election? 

8. What is meant by a presidential year? 

9. Trace the procedure of the Democratic Party in Texas 
from the presidential primary convention to the national presi¬ 
dential nominating convention. 


CHAPTER XVI 


SUFFRAGE 

Importance of Suffrage.—Suffrage, or the right to 
vote, is the most cherished and the most important of 
all civil rights. The abridgement of this right in Texas 
after the Civil War was the source of many of the evils 
of that period. A majority of the best qualified voters 
were disfranchised because they had fought in the Con¬ 
federate Army, and the right to vote was suddenly ex¬ 
tended to the enfranchised slaves. During the “Recon¬ 
struction Period” many of the worthiest citizens of 
Texas were not permitted to hold office because they 
could not conscientiously subscribe to the “Iron Clad 
Oath,” which was as follows: 

“I do solemnly swear that I have never voluntarily borne 
arms against the United States since I have been a citizen 
thereof; that I have voluntarily given no aid, countenance, 
counsel, or encouragement to persons engaged in armed hos¬ 
tility thereto; that I have neither sought, nor accepted, nor 
attempted to exercise the functions of any office whatever under 
any authority in hostility to the United States; that I have not 
yielded a voluntary support to any pretended government, au¬ 
thority, power, or constitution within the United States hostile 
thereto, and I do further swear that, to the best of my ability, 
I will defend and support the Constitution of the United States 
against all enemies foreign and domestic; that I will bear true 
faith and allegiance to the same; that I take this obligation 
freely, without any mental reservation or purpose of evasion; 
and that I will faithfully perform the duties of the office on 
which I am about to enter, so help me God.” 

The voter’s oath was similar to the above. When suf¬ 
frage is restricted to intelligent, patriotic citizens the 
State conserves its best interests. When it is extended 
to illiterate and unthinking citizens, if they be very 
numerous, the State endangers its institutions propor¬ 
tionately. If it were possible to do so, the right to 
vote should be restricted to the intelligent and up¬ 
right citizen, who would never fail to cast his vote in the 


91 


92 CIVICS: TEXAS AND FEDERAL 

best interest of his community, and state, and nation, 
unbiased by party claims or personal solicitation. Any 
attempt to influence a voter at the polls should be re¬ 
sented by him as a reflection on his intelligence or on 
his integrity. 

Qualifications of Voters. —Under the Constitution of 
the United States the qualifications of voters are left to 
the determination of the several States, subject only to 
the provisions of the Fifteenth Amendment to the Con¬ 
stitution, which declares that no person who would oth¬ 
erwise be eligible to vote shall be deprived of the right 
“on account of race, color, or previous condition of 
servitude.” This amendment was made purposely to 
give to negroes the right to vote. It was a dangerous 
expedient that sought to protect the negro in his new¬ 
born civil rights; for experience has shown that he has 
often been used by demagogues to maintain their polit¬ 
ical machines against the best interests of the people at 
large. The Fourteenth Amendment to the Constitution 
has an indirect influence on suffrage, as it enables Con¬ 
gress to deprive a State of a part of its representation in 
Congress, in the ratio which the number of male citi¬ 
zens of voting age deprived of suffrage bears to the 
whole number of male citizens that have reached the age 
of twenty-one. Were it not for this amendment many 
men could be disfranchised by States on an educational, 
or on a property basis. 

Suffrage in Bond Elections. —In Texas and in several 
other States only resident taxpaying voters can vote in 
a municipal election to authorize bonds, or to determine 
the expenditure of money. 

Woman Suffrage. —In most States only male citizens 
are allowed to vote, but in California, Colorado, Iowa, 
Utah, Washington, Arizona, Kansas, Oregon, Wyoming 
and Idaho women have been given suffrage and can vote 


CIVICS: TEXAS AND FEDERAL 


93 


in all State elections. They are also eligible to hold office, 
and have even been candidates for the offices of governor 
and congressman, though as yet none has been elected to 
either of them. Kansas and a few other States grant 
to women municipal suffrage and the right to hold of¬ 
fice, even though they do not enjoy state suffrage. In 
Texas, women are eligible to certain offices, but can not 
vote. In twenty-nine States women can vote in school 
elections. In Iowa, Louisiana, Michigan, Minnesota, 
Montana, and New York, they can vote on tax questions, 
provided they are taxpayers. 

Foreign Born Citizens. —Chinamen, Sandwich Island¬ 
ers and Burmese can not vote in any State, for they can 
not take the initial steps towards naturalization. They 
are prohibited by Act of Congress from taking out “in¬ 
tention papers/’ and no foreigner can vote in any State, 
until he signifies his intention of becoming a citizen of 
this country by taking out these papers. But descend¬ 
ants of these people, born in the United States, having 
proper qualifications to vote in the State of their resi¬ 
dence, can vote in that State, if their parents make this 
country their home; thus, a Chinaman, born in San 
Francisco, whose parents live in the United States but 
are still citizens of China, can vote in California. 

Poll Tax Receipts Necessary. —No one in Texas 
against whom a poll tax is assessed is allowed to vote, 
unless he has a poll tax receipt valid for that year. The 
receipt must show the tax to have been paid before the 
first day of February in the year in which he offers to 
vote. A poll tax is assessed only against those qualified 
to vote. Voters over 60 years of age, or who have lost a 
hand or foot, or who are deaf and dumb or blind, are 
exempt from a poll tax, but they must have properly 
signed exemption certificates before they can vote. 

Who May Become Voters. —People born in the United 


94 


CIVICS : TEXAS AND FEDERAL 


States, or in foreign countries, if their parents are citi¬ 
zens of the United States, who move to Texas, may vote 
if they possess the following qualifications: 

a. Male, twenty-one years of age. 

b. Reside in Texas one year next preceding the date of elec¬ 
tion; in the county six months next preceding the date of 
election. 

c. Must have a receipt showing that the poll tax was paid 
before the first of February of that year, or an exemption cer¬ 
tificate. 

People born in foreign countries of foreign parentage, 
who come to Texas, may vote if they possess the follow¬ 
ing qualifications: 

1. Male, twenty-one years of age. 

2. Possess “declaration of intention papers” under the United 
States naturalization laws, issued at least six months before the 
date of election. 

3. Reside in Texas one year next preceding the date of 
election; in his county six months next preceding the date of 
election. 

4. Must have a receipt showing that the poll tax was paid 
before the first day of February of that year, or an exemption 
certificate. 

Disqualifications for Suffrage.—Under the laws of 
Texas suffrage is refused to certain citizens, because of 
the following disqualifications: 

a. Idiocy and lunacy. 

b. County support as a pauper. 

c. During term of service in United States Army or Navy. 

d. Participation in a duel as principal or accessory. 

e. * Conviction of bribery, or of attempt at bribery. 

f. Conviction of perjury, forgery, or other high crimes. 

THOUGHT QUESTIONS 

1. Define suffrage. 

2. Who can vote in Texas? 

3. Who cannot vote in Texas? 

4. Why was it impossible for many of the worthiest Texans 
to take the iron-clad oath? 

5. Upon what grounds should suffrage be restricted? 

6. Debate: Should women be allowed to vote? 

7. How soon may a male adult foreigner vote after landing 
in Texas? 


CHAPTER XVII 


ELECTIONS 

When Held. —General elections are held biennially on 
the first Tuesday after the first Monday in November 
in every even year. The polls are kept open from eight 
o’clock in the morning until six o’clock in the evening. 

Where Held. —For election purposes the commission¬ 
ers’ court divides the county into a convenient number of 
election districts, called precincts, and numbers them. 
The same court appoints a presiding judge for each pre¬ 
cinct to preside at all elections during the two years’ 
term for which he was appointed. If this judge fails to 
appear at the time for the polls to be thrown open, the 
assembled voters may select from their number a pre¬ 
siding officer. The presiding judge appoints two judges 
and two clerks to assist in receiving and counting the 
ballots. These judges are selected from different polit¬ 
ical parties if practicable. Each of these election officers 
must be a qualified voter. In Texas all voting must be 
done by secret ballot. Incorporated cities are divided 
into districts called wards. A ward constitutes an elec¬ 
tion precinct. The ballot is made secret in cities by al¬ 
lowing no electioneering or loitering within one hundred 
feet of the place of voting; and by erecting booths in 
which the voters may prepare their ballots privately. 

Registration of Voters. —In many States all persons 
who wish to vote at a coming election must register 
their names before the election, showing where they live 
and proving that they have a right to vote. After reg¬ 
istration one can only vote at the polling place in the 
precinct, or voting district, where he lives. This reg¬ 
istration prevents dishonest voters from voting in more 


95 


96 


CIVICS: TEXAS AND FEDERAL 



than one precinct. In villages and rural precincts regis- 
tration is unnecessary because the election officers will 
know personally all the voters. Poll tax receipts and ex¬ 
emption certificates render registration unnecessary in 
the cities of Texas. 

How the Election is Held. —When a citizen wishes to 
vote he goes to the polling place in his precinct where 
he presents his poll tax receipt or exemption certificate 
to a clerk, who records the vote on a list of the qualified 


Voting in the Democratic Primary Election, July 27, 1912. 

voters of that precinct. This make it impossible for a 
dishonest man to “repeat” or vote twice, and prevents 
what is often termed “stuffing the ballot box.” Then 
the presiding election officer takes a folded ballot and 
gives it to him. The voter retires to a booth and ar¬ 
ranges his ballot by marking it to indicate the names of 
the candidates that he desires to vote for, refolds the bal- 








CIVICS: TEXAS AND FEDERAL 


9 1 


lot and returns it to the judges, who number it and de¬ 
posit in the ballot box. At the request of an illiterate vot¬ 
er, one of the judges will enter the booth with him, 
read the ballot to him, and show him how to vote his 
choice. When the hour for closing the polls arrives the 
ballots are taken from the ballot box by the judge of the 
election, and the votes are counted. As the ballots are 
counted they are placed in another locked ballot box. 
After all the votes have been counted the box containing 
the ballots, together with a poll tally list, is sealed and 
returned to the county clerk within ten days. The ballots 
are kept one year, unless legally demanded in election 
contest cases. After the vote is counted, “returns” are 
made to the county judge, and he in turn makes returns 
to the secretary of state, if it be an election for state or 
national officers. The results of the election are officially 
declared by the officials to whom the “returns” are final¬ 
ly made. How any voter casts his vote can only be de¬ 
termined by comparing the number on the ballot with 
the same number on the list of voters. This can be done 
only by the officers of the election when counting the 
ballots, and to do it is a criminal offense. 

The Australian Ballot. —In the cities of Texas, as well 
as in most States, the Australian ballot is used. It is so- 
called because it originated in Australia. In this ballot 
there is a column for the candidates of each party, so 
that there can be no confusing the voter as to who the 
candidates of a particular party are. Sample ballots are 
posted before the election so that all may be familiar 
with them and know who the candidates are. Recently 
the use of voting machines has been made lawful in many 
States and it is probable that one of these days we shall 
register our vote on the same principle on which a cash 
register operates. 

Canvassing the Election Returns. —The commission- 


98 CIVICS: TEXAS AND FEDERAL 



AN AUSTRALIAN BALLOT. 

This Ballot Was Used in the General Election of 1910. The Voter 
Drew a Line Through the Ticket or the Names He Rejected, 
and Left His Choice Unmarked. If None of the Candi¬ 
dates Were Satisfactory He Wrote Other Names 
in the Right Hand Column. 

















CIVICS: TEXAS AND FEDERAL 


99 



Courtesy of Empire Voting. Machine Company. 

A VOTING MACHINE. 

Before the Man Can Unlock the Keys to Register His 
Vote He Must Close the Curtains. The Man in the 
Picture is About to do it. With These Ma¬ 
chines the Ballot is Absolutely Secret. 

ers’ court must convene on the first Monday after an 
election or as soon after as possible, and canvass all the 
results in the county, and give a notification of election 
to all who have been elected to county offices. The 
votes for state and national offices are listed in dupli¬ 
cate, one list being sent to the secretary of state and the 
other to the county clerk. Within forty days after re¬ 
ceiving these returns, the secretary of state, in the pres¬ 
ence of the governor and attorney general* must canvass 



100 


CIVICS: TEXAS AND FEDERAL 


the vote of the entire State, and then the governor de¬ 
livers certificates of election to those legally elected. 
Election returns for district offices are made within 
thirty days by the county judge to another legally des¬ 
ignated county judge in the district, who canvasses them 
and certifies the result of the election. A tie vote ren¬ 
ders void the election of any official. 



VOTING WITH A VOTING MACHINE. 

By Pressing the Lever Marked “Straight Republican 
Ticket,” the Man Votes for all the Republican Can¬ 
didates. By Not Pressing the “Straight Party” 
Lever He Can Vote for One Candidate for 
Each Office, Chosen From Any of 
the Parties. 


How a Contest is Settled. —Contested elections for 
county offices are heard by a district judge in the same 
county; for the office of district attorney, by the district 
judge in the county where the certificate of election was 
issued; for the office of district judge, by the district 
court in a county adjoining that in which the certificate 











CIVICS: TEXAS AND FEDERAL 


101 


of election was issued; for the office of chief or associate 
justice of the Supreme Court or of judge of the Court 
of Criminal Appeals, by a district court at Austin; for 
the office of chief justice of the Court of Civil Appeals, 
or associate justice of any supreme judicial district 
court, by the district court in the county where the 
Court of Civil Appeals is sitting. Contest notices in 
these cases must be served within thirty days after 
“return day.” Contested elections for any of the state 
offices are settled by a joint session of the Legislature. 

Who Are Eligible to Office. —In order to be eligible 
to hold any county or state office in Texas, one must 
have resided in the State twelve months, and been a bona 
fide resident of the county from which he offers him¬ 
self as a candidate, for six months. In addition, of 
course, a man must possess the right of suffrage. Adult 
women are eligible to a few offices. 

Disqualifications for Holding Office. —Under the laws 
of Texas citizens are disqualified for holding office for 
the following causes: 

a. Conviction of bribery, perjury, forgery, or other high 
crimes. 

b. Participation in a duel either as principal or accessory. 

c. Giving or offering a bribe to secure election or appoint¬ 
ment to office. 

THOUGHT QUESTIONS 

1. When are the general elections held? 

2. Does a city voter, not under exemption privileges, have 
to hold two poll tax receipts to vote? 

3. What name is given to voting districts in a county? In 
a city? 

4. Can persons electioneer near the polls? 

5. How may an illiterate voter have his ticket marked to 
suit his desires as a voter? 

6. Give the procedure of a voter after he reaches the polls. 

7. To whom are the election returns made? To whom do 
these officers make returns? 

8. What is the result of a tie vote in an election? 

9. In what voting precinct do you live? 


CHAPTER XVIII 


THE COUNTY 

Origin of Counties. —Nearly two thousand years ago 
the Island of Britain was conquered by the Angles, 
Saxons, and Jutes, fierce tribes of sea rovers that came 
from along the coast of Germany. These tribes moved 
over to Britain and settled side by side. Each had its 
leader called the earldorman, or elder man. After a 
while the different tribes, as well as the land they occu¬ 
pied, came to be called “shires.” The weaker shires 
were conquered by the stronger ones and combined with 
them to make little kingdoms, and finally all these king¬ 
doms were united, after hard fighting, to form the King¬ 
dom of England. Each shire became a “share” in the 
Kingdom, and it is very interesting to know that these 
“shares” were for hundreds of years almost as inde¬ 
pendent as are the different States belonging to the 
United States. After the ‘French invaded England and 
defeated the English army at the Battle of Hastings, 
William the Conqueror, who was a Frenchman, became 
King of England. French names were substituted for 
the old English names and the shires became counties, 
because they were similar to small districts in France 
that were governed by officers called “counts.” Ever 
since that time England has been divided into counties, 
and so it was natural that Englishmen settling in Amer¬ 
ica should divide the colonies, and later the States, into 
counties. 

Counties in Texas. —Our State is divided into 249 
counties, but the number of counties and the boundaries 


102 


CIVICS: TEXAS AND FEDERAL 


103 


of each are determined by the Legislature, subject to 
the following restrictions: 

a. No new county can be created with an area less than 700 
square miles. 

b. No county can be reduced to an area less than 700 square 
miles. 

c. No new county can be created with a boundary line that 
will come within twelve miles of the county seat of any county, 
from which it may be made either in whole or in part. 

The Need of Counties. —The county is the most im¬ 
portant division of the State, for through its officials 
the laws of the State are enforced, the taxes are levied 



Map of Jefferson County, Showing Commissioners’ Districts, 
School Districts, and Justices’ of the Peace Precincts. 


















104 


CIVICS: TEXAS AND FEDERAL 


and collected, the elections for state officials are held, 
the records as to land ownership are kept, etc. By the 
union of adjoining counties congressional districts are 
formed for the election of congressmen; representative 
districts, for the election of state representatives; sen¬ 
atorial districts, for the election of state senators; and 
judicial districts, for the election of various state judges. 
The county is also divided into as many districts as 
there are county commissioners; into as many precincts 
as there are justices of the peace; and into as many 
school districts as are needed for the control of the pub¬ 
lic schools. 

The County Seat. —Each county must have a capital 
or county seat. At the county seat there is a building, 



Harris County Court House, Houston. 













CIVICS: TEXAS AND FEDERAL 


105 


called the court house, where the county officials have 
their offices and where the county records are kept. 
The district, the county, and the commissioners’ courts 
must be held at the county seat. The location of a 
county seat is determined by an election. It may be 
located at any place within five miles of the geograph¬ 
ical center of the county by a majority vote, or at any 
place more than five miles from the center of the county 
by a two-thirds vote. 

Removal of County Seats. —County seats may be 
changed by the qualified voters in an election held for 
that purpose: • 

a. By a majority vote, if the removal is to be from a place 
more than five miles from the center of the county to one 
nearer the center. 

b. By a two-thirds majority vote, if the removal is to be 
to a place not nearer the center of the county. 

An election for the removal of a county seat may be 
ordered by the county judge, or by the commissioners’ 
court, as follows: 

a. On petition of 100 resident voters owning homes in the 
county, provided it has been established less than ten years. 

b. On petition of 200 resident voters owning homes in the 
county, provided it has been established between ten and forty 
years. 

c. On petition of a majority of the resident voters who own 
homes in the county, provided it has been established forty 
years or more. 

After an election has been held on the question of 
moving the county seat no other election can be held 
for the same purpose within five years. 

County Elections. —The regular county elections are 
held biennially on the first Tuesday after the first Mon¬ 
day in November of each even year. At these elections 
all the county officials are chosen and they serve for a 
term of two years. The principal county officials are the 
county judge, the county commissioners, the sheriff, the 
treasurer, the assessor, the collector, the attorney, the sur- 


106 


CIVICS: TEXAS AND FEDERAL 


veyor, the clerk or recorder, and the superintendent of 
schools. Each county officer takes the oath prescribed 
by law, and gives a bond guaranteeing the faithful per¬ 
formance of the duties of his office. Vacancies in coun¬ 
ty offices are filled by the commissioners’ court. 

THOUGHT QUESTIONS. 

1. What is the county in government? 

2. What is the probable derivation of the term county? 

3. How many counties are there in Texas? 

4. By what authority are counties organized? 

5. What must be the minimum area of a new county? 

6. Is a^Texas county a political unit? 

7. How is a county seat determined? 

8. Who administers the oath to county officers? 

9. What county offices may a woman hold? 


CHAPTER XIX 


DUTIES OF COUNTY OFFICERS 

The County Commissioners. —Each organized county 
is divided into four commissioners’ districts. The quali¬ 
fied voters of each district elect one of their resident 
voters as a county commissioner for a term of two years. 
These four commissioners, together with the county 
judge, compose the commissioners’ court. The commis¬ 
sioners receive a salary of three dollars a day while 
holding court, but they can not draw pay for holding 
more than one special term of court each month. Should 
a vacancy occur in the commissioners’ court it is filled by 
an appointee of the county judge, until the next regular 
election, when some one is elected for the unexpired 
term. 

The Commissioners , Court. —The county judge pre¬ 
sides over the commissioners’ court. This court holds 
regular terms in the county court house, commencing 
the second Monday in February, May, August and No¬ 
vember, and may hold special sessions at the call of the 
county judge, or of three commissioners. A quorum 
consists of the county judge and two commissioners, or 
of the four commissioners. The commissioners’ court 
is really the business board of the county. It provides 
all public buildings; establishes and maintains county 
roads and builds bridges; provides for the care of pau¬ 
pers ; divides the county into commissioner, justice, and 
election precincts; appoints election officers and can¬ 
vasses election returns; fills vacancies in all county of¬ 
fices ; makes contracts and settlements with persons 
having business with the county; levies all county taxes 
and acts as a board of equalization; provides for the pro- 


107 


108 


CIVICS: TEXAS AND FEDERAL 


tection, preservation and disposition of school lands be¬ 
longing to the county. 

The Sheriff. —It is the duty of the sheriff to execute 
the laws of the State in his county, and in doing so he 
has almost unlimited power. He appoints as many dep¬ 
uties, or assistants, as are needed, and is responsible for 
their acts. He attends the commissioners’ court/ the 
county court, and the district court when sitting in his 
county, and executes all their commands in the form of 
writs, notices, etc. He serves subpoenas on witnesses and 
jurors. He is responsible for the custody and safe keep¬ 
ing of all prisoners arrested by him or his deputies, or 
turned over to him by constables, city police, and others. 
It is he who must inflict the death penalty on those sen¬ 
tenced to be hanged for murder. He has power to make 
arrests upon informal information, and also upon a belief 
that the law is being violated. In enforcing the law and 
preserving the peace, and in serving writs and processes 
under hazardous conditions, he may call to his aid any 
persons, who constitute what is known as his posse, and 
a refusal to aid him is an offense under the law. When¬ 
ever he can not enforce the law and preserve the peace 
with his own posse, he may call on the governor for the 
aid of the militia. 

The County Attorney. —He is the law officer of the 
county and represents the State in the county court and 
the justice of the peace courts. He must counsel all 
county officials as to their duties and give them opinions 
on legal questions arising from the duties of their of¬ 
fices. With the consent of, or on the request of, the at¬ 
torney general, he may buy or sell property for the 
State, but the attorney general executes all legal papers 
in connection with the transaction. He may sell prop¬ 
erty bought at public auction, held to satisfy judgments 
in favor of the county, and the county commissioners’ 


CIVICS: TEXAS AND FEDERAL 


109 


court shall execute deeds for it to the purchasers in the 
name of the county. He must institute proceedings 
against officers delinquent in their duties, especially with 
reference to public moneys. He must discharge such 
other duties pertaining to his office as the statutes re¬ 
quire. He may appoint such assistants as he deems nec¬ 
essary and compensate them as provided by law. 

The County Clerk —This county officer is the one with 
whom the average citizen has most frequent business. 
He issues marriage licenses, liquor licenses in those 
counties that allow the sale of intoxicating drinks, and 
hunters’ licenses. He collects the fines imposed by the 
county court and pays them to the county treasurer. 
He is the recorder of deeds for the county. The law re¬ 
quires every deed and mortgage affecting land in the 
county to be recorded in his office so that it may be 
known who owns, or has any interest in the property. 
This prevents a dishonest man from selling the same 
property twice, or of borrowing money on it claiming 
that it is free from any previous incumbrance. A state¬ 
ment showing all records affecting a piece of property 
is called an abstract. Before buying real estate one 
should always demand from the seller an abstract, so as 
to know that the title is clear and that he has a right to 
sell the property. 

The County Treasurer. —He receives all moneys be¬ 
longing to the county, and pays out the same only as 
required and directed by the commissioners’ court, or on 
an order called a warrant signed by some officer author¬ 
ized by law to issue warrants. He must keep a true ac¬ 
count of all receipts and disbursements, and also one of 
all debts due the county, and must render a detailed re¬ 
port to the commissioners’ court. He must examine the 
accounts of the clerks of the courts, of the sheriff, of 
the justices of the. peace, of the constables, and of the 


110 


CIVICS: TEXAS AND FEDERAL 


tax collector of the county, and report his findings to 
the commissioners’ court 

The County Assessor. —This officer lists all taxable 
property within the county, and secures a market valua¬ 
tion of the same from the owners under oath, when pos¬ 
sible. This sworn valuation is subject to change by the 
commissioners’ court sitting as a board of equalization. 
The assessor reports to the comptroller of public ac¬ 
counts at Austin the value of all taxable property in the 
county, in order that the state tax rate may be fixed. 
Assessments are made annually between the first day of 
January and the first day of July, and are supposed to in¬ 
clude all property liable for taxation on January first. 

The County Auditor. —The law requires the appoint¬ 
ment of a county auditor for any county containing a 
city of 25,000 inhabitants, or having an aggregate popu¬ 
lation of 40,000, the appointment to be made at a special 
meeting of the judges of the county and district courts, 
or courts having jurisdiction in the county, the meeting 
being called by the county judge. Any experienced book¬ 
keeper is eligible to the position. The auditor must keep 
a set of books that show the accounts of all county offi¬ 
cers, and must check up their books and accounts every 
three months. He reports to the commissioners’ court. 
The books of the county officials are open to him at all 
times. It is his duty to see that all laws pertaining to 
the collection of taxes, licenses, fees, costs, etc., are en¬ 
forced. 

The County Collector. —In all counties having a popu¬ 
lation of 10,000 or more by the last United States Census, 
a collector of taxes must be elected. In counties of less 
than 10,000 population the sheriff acts as collector of 
taxes. The county collector receives from the assessor 
books called the assessment rolls, after they have been 
approved by the commissioners’ court. These show how 


CIVICS: TEXAS AND FEDERAL 


111 


much tax each person is to pay. The law requires him 
to be in his office in readiness to begin the collection of 
taxes, on the first day of October of each year, or as soon 
thereafter as possible. It is also his duty to meet the 
taxpayers in each precinct, at a certain place on a certain 
day, previously announced, to collect their taxes. Each 
taxpayer failing to pay his taxes at this precinct col¬ 
lection is required to pay them at the collector’s office, 
on or before the thirty-first day of January. If taxes 
are not paid by that time they are recorded as delinquent, 
and additional amounts called penalties are added to 
them. If the tax remains unpaid the property on which 
it is due can be sold to satisfy the tax and the penalty. 
However, the property may be redeemed by the original 
owner at any time during two years from the date of 
sale. The collector pays the state taxes that he collects 
to the state treasurer, and the county taxes to the county 
treasurer. 

The County Surveyor. —It is his duty to survey lands 
involved in suits when ordered by the court; to survey 
public lands under the direction of the Commissioner of 
the General Land Office, and to forward a report of the 
survey to the General Land Office at Austin. He must 
also survey land for individuals upon the payment of fees 
established by law. The lines thus run become the legal 
lines, unless a future county surveyor discovers errors 
in them. 

County Superintendent of Schools. —Every county 
having 3000 or more scholastics, i. e., children between 
7 and 17 years of age, must elect a county superintendent 
of schools. A county having less than 3000 scholastics 
may have a county superintendent, if a majority of the 
taxpaying voters express a desire for one, at an election 
called by the commissioners’ court to vote upon the 
proposition. In counties having no superintendent the 


112 


CIVICS: TEXAS AND FEDERAL 


county judge is ex-officio superintendent. The county 
superintendent of schools is, by virtue of his office, 
secretary of the board of county school trustees. He is 
general superviser of the schools of all common school 
districts and of independent school districts having fewer 
than 150 scholastics, and assists the county board of edu¬ 
cation in formulating a course of study in conformity 
with the course of study as outlined by the state superin¬ 
tendent. He assists the county board of education in ap¬ 
portioning the school funds to the various school dis¬ 
tricts of the county under his supervision, and also in 
consolidating the common school districts for the pur¬ 
pose of the establishment of rural high schools. He must 
approve all contracts between trustees and teachers of all 
schools under his supervision, and oversee the taking of 
the census of all scholastics in the county. He holds an¬ 
nually a county teachers’ institute, which lasts five days, 
and makes a record of the attendance and of the work of 
all teachers attending it. He appoints two teachers as a 
board of examiners for the county, whose duty it is to ex¬ 
amine teachers; and he appoints trustees to vacancies in 
any rural school board, to serve until the next annual 
election. He makes all necessary transfers of scholastics 
from one school district to another, advises with teachers 
in the management of schools, and spends four days of 
each week in the schools of the county while they are 
in session, if practicable, and lectures frequently in the 
interest of education. 

The Board of Equalization. —The commissioners’ 
court convenes on the second Monday of June, or not 
later than July first of each year, and sits as a board of 
equalization. The assessor submits his assessment rolls 
to this board, and it examines them to see that all prop¬ 
erty is rendered for taxation at a fair market value. If 
the rendered value of any property seems too high or 


CIVICS: TEXAS AND FEDERAL 


113 


too low, the board may change the valuation. But an 
assessment can not be raised until the person who ren¬ 
dered the property is notified to appear before the board 
to defend his own interests. This board classifies lands 
into improved and unimproved, subdivides each class into 
three divisions as to quality and finally approves the as¬ 
sessment rolls, which are returned to the assessor. 

THOUGHT QUESTIONS 

1. Can a man be forced to become a member of a sheriff’s 
posse? 

2. If a sheriff can not maintain order and enforce the 
law with the assistance of his deputies and posse, whom can 
he call to his aid? 

3. Who prosecutes all cases in criminal courts? 

4. Who is the recorder of deeds for the county? 

5. What is meant by “full rendition?” 

6. Who compose the county board of equalization? What 
are the duties of this board? 

7. Name six Texas counties that have auditors. 

8. Name a county in which the sheriff acts as collector 
of taxes. 

9. What constitutes delinquent taxes? How can the taxes 
finally be collected? 


CHAPTER XX 


CITIES AND TOWNS 


Origin of Cities. —In olden times when people were 
continually engaged in war and fighting was an every¬ 
day affair many families would make their homes in 
fertile valleys, overtowered by steep and lofty hills or 
mountains. On these eminences they would build for¬ 
tresses or castles as places of refuge in case of attack, 


and as safe 
locations for 
temples where 
they worship¬ 
ed. Sometimes, 
as in Germany 
and France, a 
castle would 
belong to a 
strong and 
rich m a n, 
called a baron 
or lord, who 
would give to 



The Castle of Schonburg, Overtowering the City 
of Oberwesel. This Castle Is Now in Ruins. 


the families living in the valley below protection 
in exchange for their services in cultivating the 
soil. In such cases the members of the families 
were called his vassals. The places where these fami¬ 
lies lived close together were known as cities, and the 
people who lived in the cities were called citizens. In 
Texas, where enough people make their homes in a com¬ 
munity to give it a name of its own, the place is called 
a town, in order to contrast it with the country or 
with rural communities. People who live in towns 


114 


CIVICS: TEXAS AND FEDERAL 


115 


find new relations arising- and new demands nec¬ 
essary for comfort and health. They soon realize that 
the general laws of their State are no longer sufficient 
to meet the requirements of the new conditions caused 
by many people living as close neighbors. They feel 
the need of special laws and a special form of govern¬ 
mental organization that will benefit them, and which, 
at the same time, will not interfere with the rights of 
their country neighbors. Texas, like all other States, 
recognizes the need of such laws and such an organiza¬ 
tion, and provides a way for towns to become incorpo¬ 
rated and to be made cities. 

Growth of Texas Cities. —In 1910 Texas had a popu¬ 
lation of 3,896,542 people and ranked as the fifth State 
in the United States in point of population. Of these 
people 938,104 lived in cities and towns. In 1900 only 
17.10 per cent of all the people of the State lived in cities 
having a population of 2,500 or more, but in 1910 this 
percentage had increased to 24.10 per cent. This shows 
that in Texas, just as in other States, the people are mov¬ 
ing to the cities. This movement is due in part to the fact 
that those living in towns have more advantages than 
do those living in the country; but with good roads, ru¬ 
ral mail delivery, consolidated schools, improved farm 
houses, and more scientific farming, it is expected that 
this movement towards the city will be checked, and 
that people will actually move from the city into the 
country, where the same money always enables one to 
live better than it will in a city. 

Incorporation of Towns and Cities. —Upon the peti¬ 
tion of twenty or more resident voters, any town of more 
than 500 and less than 10,000 population may have an 
election ordered by the county judge, to decide whether 
or not the place shall be incorporated. The judge must 
order this election and if a majority of the voters favor 


116 


CIVICS: TEXAS AND FEDERAL 


incorporation he causes an entry to that effect to be 
made in the records of the commissioners’ court, and 
then orders an election for a mayor, a marshal, and five 
aldermen, who assume control of the affairs of the town 
immediately after taking the “oath of office.” The 
mayor and board of aldermen constitute the city council. 
Any incorporated town of 1000 or more population may 
incorporate as a city under the general laws of Texas, 
by a two-thirds vote of its aldermen. An attested copy 
of the proceedings of incorporation must be' filed and 
recorded in the office of the clerk of the county in 
which the city is situated. Upon the petition of fifty or 
more resident voters, an unincorporated town of 1000 
or more population may have an election ordered by the 
county judge, to decide whether or not the town shall 
be incorporated as a city. The officials of a city are a 
mayor, treasurer, assessor and collector, secretary, city 
attorney, marshal, city engineer, and such others as may 
be needed. When a city reaches a population of 10,000 
or more its interests frequently demand that it shall en¬ 
joy special privileges not needed by other cities. In 
such a case the city applies to the Legislature for a spe¬ 
cial charter. It submits a copy of the desired charter 
and in this charter the various privileges sought are 
set forth. The Legislature may pass an act grant¬ 
ing the charter, or it may decide to grant it, pro¬ 
vided a referendum vote of the citizens of the city shows 
that they really wish it. A referendum vote prevents a 
few officials from securing a special charter opposed to 
the interests of the majority of the citizens. The of¬ 
ficials of a city with a special charter and their duties 
are designated in the charter. They are practically the 
same as in cities incorporated under the general laws, 
but a large city necessarily demands many minor of¬ 
ficials, such as a chief of police, a chief of the fire 


CIVICS: TEXAS AND FEDERAL 


117 


department, city electrician, health officer, pound keeper, 
street inspector, building inspector, etc. 

How New Territory Is Added. —Frequently, as a city 
grows, people doing business in it build their homes be¬ 
yond the city limits. In time these suburbs grow so that 
it is hard to tell where the city ends and the suburbs be¬ 
gin. People living in the suburbs do not enjoy the 
privileges of those living within the city, such as police 
and fire protection, right to attend the city schools with¬ 
out paying tuition, etc. By and by they will begin to 
talk about annexation. The law allows any adjoining 
territory, not more than one-half mile wide, to be an¬ 
nexed to a city by an ordinance of the city council, after 
an affidavit has been made by three resident voters of 
the territory, that a majority of those qualified to vote 
in it have voted in favor of annexation. 

Withdrawal From City. —It sometimes happens that 
people living in a section of a city become dissatisfied 
with the government of the city, or with the distribution 
of improvements, and desire to withdraw from it. Upon 
the petition of fifty qualified voters living in the terri¬ 
tory that wishes to withdraw, the mayor must call an 
election to determine the will of the qualified voters in 
this territory. If a two-thirds majority of those voting 
on the question vote to withdraw, and, if after the with¬ 
drawal, a square mile of territory will remain in the 
city, withdrawal is allowed and the boundary lines of 
the city are changed accordingly. If there are outstand¬ 
ing bonds, the part withdrawing must continue to bear 
its pro rata part of the bond tax until the bonds are paid. 

Wards in a City. —The city council generally divides 
the city into districts, called wards. These wards are 
supposed to contain about the same population. All the 
people in a particular ward usually vote at the same 
polling place. Aldermen and members of the school 


118 


CIVICS: TEXAS AND FEDERAL 



board are sometimes elected by wards, but experience 
has proved it to be best that all city officers be elected 
by the voters of the entire city. The city council may 
change the number of wards, and their boundaries, when¬ 
ever it deems it wise to do so, but such changes shall not 
be made later than three months before any election. 

City Elections.—All regular city elections are held on 
the first Tuesday in April of each year. All voters in a 
city election must be qualified state voters, and must 
have been residents of the city for six months preceding 
the date of election. In addition to having a valid state 



CIVICS: TEXAS AND FEDERAL 


119 


and county poll tax receipt or exemption certificate, each 
voter in many cities must also have a city poll tax re¬ 
ceipt or exemption certificate. Each ward is a voting- 
precinct, and a polling place with necessary equipment 
and election officers must be provided for it. Each 
voter may vote for all the city officers to be elected. 
The returns are made to, and the results are declared by 
the city council. The official term of all elective city 
officers is two years. There are two aldermen from 
each ward and they are so classed that one is elected 
each year. 

Who is Eligible to Office.—The mayor must be a 
qualified city voter and must have been a resident of the 
city for twelve months next preceding the date of elec¬ 
tion. An alderman, in addition to the qualifications for 
the office of mayor, must also have been a resident of 
his ward for six months next preceding the date of the 
election. All other elective officers- must be qualified 
voters of the city and able to discharge the duties of 
their respective offices. 

THOUGHT QUESTIONS 

1. Is it the tendency of the people to move to the city 
or from it? Why? 

2. What is meant by the incorporation of a city or town? 

3. What is a city charter? 

4. What power grants city charters? 

5. How can a suburban section become annexed to a city? 

6. When are general elections held in cities? 

7. Can a portion of a city secede? How? 

8. Is every city voter also a state voter? 

9. In what city elections are some city voters not allowed 
to vote? 

10. Can a non-voter hold an elective city office? 



CHAPTER XXI 

DUTIES OF CITY OFFICERS 

The Mayor.—The mayor is the chief executive officer 
of the city. He should be active in the enforcement of 
all ordinances, and should inspect diligently the work 
and conduct of all subordinate officers. He presides at 
all the regular and called meetings of the city council, 


City Hall, Fort Worth, Where Most of the City Officials Have 
Their Offices. 


and communicates to it in the form of written messages 
such information and recommendations as he deems im¬ 
portant for the welfare of the city. He has legislative 
power by virtue of his right to cast the deciding vote in 
the case of a “tie vote” in the board of aldermen, and 


120 













CIVICS: TEXAS AND FEDERAL 


121 


by his veto power, over the ordinances passed by it. He 
appoints the regular committees of the city council, des¬ 
ignating the chairman of each. With the consent of the 
council he also appoints all the city officials not elected 
by the voters, and fills all vacancies, except those of 
mayor and aldermen. A vacancy in the office of mayor 
or alderman must be filled by a special election. He 
signs all warrants drawn on the treasurer when they are 
legally authorized and properly drawn. He may, by 
proclamation, close saloons on occasions when he deems 
the good and safety of the public demand it. He may 
summon any number of citizens to suppress disturbances 
and riots. In cities having no recorder’s or police court 
the mayor has the power to administer oaths, and sits 
as a trial judge in the trial of persons charged with the 
violation of a city ordinance. 

The City Council.—The city council is composed of 
the mayor and aldermen, and has legislative and admin¬ 
istrative power in accordance with the provisions of the 
city charter and the general laws of the State. The most 
important powers of the city council are: 

a. To levy and collect taxes. 

b. To borrow money upon the credit of the city, and when 
authorized by the citizens, to issue bonds payable at some 
definite future time. 

c. To grant public franchises to street railway companies, 
to electric light and power companies, to gas companies, to 
telephone and telegraph companies, etc., and to regulate these 
companies within the city limits. 

d. To prescribe sanitary regulations as to sewage, local 
quarantine, pure foods and drinks, etc. 

e. To pass and enforce ordinances requiring people to 
prevent their stock from running at large in the streets. 

f. To have streets, alleys, and sidewalks improved accord¬ 
ing to prescribed plans, and to condemn private property in 
order to open streets, or to establish parks, etc. 

g. To license peddlers, billiard halls, theatres, circuses, 
moving picture shows, etc. 

h. To make and enforce police regulations. 

i. To fix “fire limits” and to prescribe the character of 
buildings to be constructed within and without these fire limits. 


122 


CIVICS: TEXAS AND FEDERAL 


j. To organize, maintain, and regulate “fire companies.” 

k. To appoint all officers necessary to make the city ordi¬ 
nances effective, to prescribe the duties of these officers, and 
to fix their salaries. 

l. To fix penalties for the violation of city ordinances. 

The Marshal.—The marshal of a city is the chief of 

police. In the prevention and suppression of crime he 
possesses the same power and authority in his city as 
does the sheriff of the county. Not only is it his duty 
to enforce the laws of the State, but also the ordinances 
enacted by the council of his city. For the purpose of 
knowing how they are complying with the terms of their 
licenses, he has free entrance into all licensed public 
places, and may close them temporarily if he deems it 
essential to the public good. He, or his deputy, attends 
upon the mayor’s or recorder’s court while it is in ses¬ 
sion, and is bound to execute promptly all writs and pro¬ 
cesses issued by this court. 

The Secretary.—The city secretary attends all the 
meetings of the council and keeps accurate minutes of the 
proceedings in a record book, and engrosses and enrolls 
all the laws, resolutions, and ordinances of the council. 
He is the custodian of all the books, records, papers, 
documents, and files of the council. He keeps the cor¬ 
porate seal, and signs and seals all formal papers and 
warrants, and all commissions of city officers, and all 
city licenses issued by the mayor, keeping a register of 
these commissions and licenses. He acts as the general 
city accountant, keeping regular accounts of all receipts 
and expenditures in special books for that purpose. He 
keeps a systematic register of all bonds and facts relat¬ 
ing to them, as well as of all city contracts. 

The Treasurer.—He is the custodian of all city funds. 
He is authorized to pay out money only on the presenta¬ 
tion of properly signed warrants. He must keep an ac¬ 
curate account of all receipts and expenditures, and must 


CIVICS: TEXAS AND FEDERAL 


123 


make quarterly and annual statements to the city coun¬ 
cil. If he also acts as school treasurer he must make 
monthly statements of the condition of the school funds 
to the board of school trustees, and an annual statement 
to the state superintendent of schools. It is his duty to 
publish a semi-annual statement of the financial condi¬ 
tion of the city in order that all citizens may be in¬ 
formed. Since the law requires that all city funds and 
all school funds shall be kept in the bank that bids the 
highest rate of interest on the average daily balances to 
the city’s credit, one of the officials of the bank securing 
the deposits is generally appointed city treasurer. When a 
bank official is appointed treasurer he serves for a nomi¬ 
nal salary. This bank must give the city a bond guaran¬ 
teeing the safe keeping of all its funds deposited with it. 

The City Attorney.—The city attorney is the legal ad¬ 
viser of the city council and of all city officers. He 
prepares ordinances at the request of the council. He 
acts as prosecutor in the mayor’s or recorder’s court, 
and defends the city’s interests in all suits brought 
against the city in the county and district courts. He 
brings suit in the proper courts to enforce the city’s 
claims and legal rights. 

Assessor and Collector.—It is the duty of the assessor 
and collector to assess or list all the property in the city 
that is liable for taxation. Once each year all persons 
owning such property are supposed to go to his office 
and render under oath a full statement of all their prop¬ 
erty. He reports to the city council the taxable value 
of the city, and after the council fixes the tax rate, he 
proceeds to collect the city taxes. He pays over all taxes 
collected to the city treasurer. If taxes are not collected 
by final date fixed by ordinance, they become delinquent 
and penalties are assessed, amounting to at least ten per 
cent and costs. 


124 


CIVICS: TEXAS AND FEDERAL 


The Recorder.—In some cities the mayor has too 
much work to do to act as judge of the corporation 
court, so an official, called the city recorder, is elected for 
that purpose. He has jurisdiction in cases involving 
misdemeanors qnd violations of the city ordinances; and 
his court is considered always open for the trial of city 
cases, that is, it does not close for long recesses in the 
summer as do other courts. In the recorder’s court one 
is usually given trial on the day of his arrest, or on the 
following day. The recorder is ex-officio justice of the 
peace in petty criminal matters, and all trials in his 
court must be held in accordance with the rules for trials 
in the courts of justices of the peace. He has no juris¬ 
diction in civil matters. He can compel the attendance 
of witnesses, and can punish all guilty of “contempt of 
his court” by fines or imprisonment. As in justice of 
the peace courts, at the request of any defendant, a case 
must be tried by a jury of six, and the penalty must be 
assessed by this jury in accordance with the ordinances 
and the facts. 

The Board of Equalization.—This board is appointed 
by the city council soon after its organization, and the 
time is set for it to meet to equalize the assessed valua¬ 
tions as made by the city assessor. The members of the 
board must be resident tax-paying voters of the city. 
The duties of the board and the methods employed by it 
are like those of the county board. 

Government by Commission.-—On September 8, 1900, 
Galveston was visited by the worst hurricane that ever 
struck the coast of our country. It was followed by the 
destruction of thousands of buildings, the drowning of 
about 6,000 men, women, and children, and a property 
loss estimated at $20,000,000. It was essential that Gal¬ 
veston, in her efforts to recover from this terrible blow, 
should have greater economy in the management of her 


CIVICS: TEXAS AND FEDERAL 


125 


affairs than any other city in the United States. Her cit¬ 
izens evolved a new form of government that aimed to 
conduct the affairs of the city with the same care and 
thoughtfulness that the best managed private business 
concern would exercise. It was named the commission 
form of government, and proved so successful in the 
economies that it introduced and the good clean govern¬ 
ment that it gave the city, that it has spread to all parts 
of the State and to many other States. Among the Texas 
cities that have the commission form of government are 
Galveston, Houston, Dallas, El Paso, Denison, Austin, 
and Fort Worth. No place that has adopted it has re¬ 
turned to the older form of government. This is the best 
argument in its favor. 

The City Commission.—In this form of government 
the city is governed by a city commission. The city 
commission consists of a mayor and usually four com¬ 
missioners, elected at large, by the qualified voters of the 
city, that is, without reference to ward divisions. In 
most cities having this form of government, all other city 
officials are appointed by this commission and serve at 
its will. The commission enacts all the city ordinances 
and enforces them through officers appointed for the pur¬ 
pose. For the practical management of the city, its affairs 
are divided into as many departments as there are com¬ 
missioners, and each commissioner is placed in charge of 
one of those departments. His management of this de¬ 
partment is always subject to the review of the entire 
commission. This arrangement gives each commis¬ 
sioner an opportunity to study and to understand all the 
needs and requirements of his particular department, and 
results in securing honest and faithful service from the 
employees of the department. The commissioners are 
elected principally because of their business ability, and 
are paid adequate salaries to justify them in devoting suf- 


126 


CIVICS: TEXAS AND FEDERAL 


ficient time to the affairs of the city. The business of 
the city is thus placed upon the basis of a purely com¬ 
mercial enterprise, and is conducted with a dispatch and 
an economy not approached in the old system, where the 
aldermen are elected by wards largely because they are 
shrewd politicians. In some city charters a provision 
has been inserted requiring the commissioners to devote 
their entire time to official duties, and to give up all other 
regular business engagements. Such a provision would 
often operate to exclude the men who would be best 
qualified to administer the business of the city most 
wisely. 

THOUGHT QUESTIONS 

1. What is a franchise? An exclusive franchise? 

2. Can a city grant an exclusive franchise to a corporation 
or individual? 

3. What is meant by condemnation of private property? 

4. Under what conditions may a city condemn private prop¬ 
erty? 

5. What are the duties of a city recorder? 

6. What cases come into the recorder's court? 

7. What is the commission form of government ? 

8. What are its advantages over the regular form of city 
government? 

9. . What was the first city to formulate and adopt a com¬ 
mission form of government? 

10. . Has the commission form of government been satisfac¬ 
tory in the Texas cities that have adopted it? 


CHAPTER XXII 


EFFORTS TO IMPROVE GOVERNMENT 

Why Necessary.—Government by political parties ah 
ways has resulted in producing men whose whole lives 
have been spent in holding political offices, or in seeking 
to control their parties for personal advantages. It is 
natural that such men should get together when they 
happen to be members of the same party. By a process 
of trading, and by working together, they are enabled to 
so manipulate things that they control the acts of their 
party, and prevent others from exercising any real in¬ 
fluence in shaping its policies. Such a band of men is 
frequently known as a machine, for the reason that they 
all know their work so well, and do it so quietly and so 
regularly. Each individual member of the machine has 
a following that can be counted upon to vote as “the 
boss” wishes, and the combination of all these votes is 
sufficient to enable the machine to control the election. 
The bosses hold their influence partly because of pat¬ 
ronage in the form of “jobs” that they have at their dis¬ 
posal, partly because they are likable men, and partly 
because at the time of election they often have large 
sums of money to use for campaign purposes. 

Restriction of Campaign Expenses.—In an effort to 
purify the elections and to prevent the bosses from 
spending money improperly to induce voters to vote for 
their candidates, many States have passed “corrupt prac¬ 
tices acts,” which require the successful candidates to 
file statements made under oath, with the secretary of 
state, county clerk, or city secretary, showing just how 
much money they expended in the campaign and for 
what purposes. In Texas such statements must be filed 


127 


128 


CIVICS : TEXAS AND FEDERAL 


with the county judge within ten days after the elec¬ 
tion. Some people think that a list of those contrib¬ 
uting to campaign funds, and the amounts contributed, 
should be made public before the election, so that it may 
be known who is really “backing” the different candi¬ 
dates. This would probably keep corporations from try¬ 
ing to help elect men to office. 

The Initiative.—This is the plan adopted by several 
States and by some cities by which a specified percent¬ 
age of the qualified voters may propose a law or a 
change in a law. An election is called to vote on the 
initiated bill, and if the required number of votes is cast 
in its favor the proposed law is declared “passed” and 
goes into effect. People often demand certain laws and 
their wishes are ignored by their legislatures and city 
councils. The bosses often prevent legislation that is 
demanded by the people by having bills “killed in com¬ 
mittees.” The initiative plan forces action upon meas¬ 
ures proposed by the people. Knowledge that the people 
have this power makes the representatives and the al¬ 
dermen more subservient to the wishes of their constit¬ 
uents. One objection to the initiative plan is that the 
proposed law must be adopted or rejected in the form 
in which it is initiated. On the other hand, if it were 
considered by a legislative body, there would be oppor¬ 
tunity for a free discussion of the law, all interests could 
be heard for or against it, and it could be amended be¬ 
fore being finally adopted. 

The Referendum.—This is the plan which requires 
that the qualified voters shall vote upon certain laws that 
have been enacted by the Legislature, or city council, 
before these laws may take effect. A regular election is 
held and if a majority of those voting on the measure 
vote against it the law can not go into effect. The ap¬ 
plication of the referendum to ordinary legislation is an 


CIVICS: TEXAS AND FEDERAL 


129 


innovation in our form of government, but some funda¬ 
mental matters have always been referred to the vote of 
the people. The Constitution of the United States, the 
constitution of all States, all the constitutional amend¬ 
ments, and most city charters have been referred to .the 
voters before they became effective. 

The Recall.—The recall is the plan by which a public 
officer may be removed from office by the vote of the 
people before his term has expired. To displace an 
officer by the recall a certain specified percentage of 
the qualified voters sign a petition for a new election. 
The name of the official to be recalled and that of an 
opponent are placed upon the ballot, and if the official 
does not receive a plurality vote he must retire from of¬ 
fice, and his successful opponent succeeds him. 

THOUGHT QUESTIONS 

1. What is a political party? 

2. Name four political parties and state the prominent doc¬ 
trines of each. 

3. What is meant by “machine politics?” 

4. What is meant by “political boss?” 

5. What is a primary election? 

6. Why is more importance attached to a primary election 
in Texas than to a general election? 

7. Distinguish between a majority and a plurality vote. 

8. What is the legal requirement in Texas concerning cam ¬ 
paign expenses? 

9. Why was election day made a holiday in Texas? 

10. Is a state primary conducted in the same manner as £ 
State election? 


CHAPTER XXIII 

PUBLIC REVENUES 

Why Taxation is Necessary.—In order for the indi¬ 
vidual citizen to be successful he must live under the 
protection of a good, stable government. In Central 
America, and more recently in Mexico, revolutions are 
of frequent occurrence, with the result that people pos¬ 
sessed of property are in constant danger of having it 
taken away from them. Factories and mills are forced 
to shut down, mines and railroads to stop operating, 
and people to leave the country in order to find safety 
for themselves and their families. In these countries 
there is no general prosperity, and even the money shows 
depreciation. A Mexican silver dollar is worth only 
about 49 cents on this side of the Rio Grande River. 
On the other hand, a good government gives positive 
value to all property within its borders, facilitates the 
acquisition of property, makes one secure in the posses¬ 
sion of it, and insures the right of sale and exchange. 
While government makes possible the accumulation of 
wealth, it can not produce wealth to support itself. In 

1910 the State of Texas required $4,380,043 to pay its 
expenses. The Thirty-Second Legislature that met in 

1911 appropriated over ten million dollars to be spent 
during the years of 1912 and 1913. This money is used 
to pay the salaries of public officials, to provide public 
buildings, and to pay the expenses incident to running 
the government. As the State has no way to produce 
wealth, this money must be paid by its citizens. Money 
paid to the government is called a tax. Good citizens 
enjoying a good government pay their taxes cheerfully, 
realizing that without these taxes the government could 
not exist. The fundamental principles underlying tax¬ 
ation are as follows: 


CIVICS: TEXAS AND FEDERAL 


131 


a. All persons should contribute to the support of the gov¬ 
ernment in proportion to the amount of wealth they respec¬ 
tively enjoy under its protection. 

b. The amount of the tax to be paid should be certain, 
while the times and the manner of payment should be made 
known clearly to every tax payer. 

c. Times and places for payment most suitable to the ma¬ 
jority of the citizens should be selected. 

d. Taxes should be as light as is consistent with efficient 
government, and should be collected annually. 

Reconstruction and Taxation. —Under the “Recon¬ 
struction” Constitutions of 1866 and 1869 taxes became 
burdensome and public expenditures were prodigal, if 
not criminal. Finally, driven to desperation by the un¬ 
warranted extravagancies of the government, by bur¬ 
densome taxation, and by flagrant violations of their 
rights as citizens, representative Texans of both great 
political parties met in the famous “Tax-payers Con¬ 
vention of 1872.” This convention proclaimed to the 
world with unquestionable proofs the unwarranted con¬ 
ditions that existed, and its plea for civil government, 
economically administered, was heard and acted upon 
by loyal Texans. As a result of the work of that con¬ 
vention the present Constitution of Texas was drafted. 

Taxation is Limited. —To guard against any repetition 
of abuses in taxation the Constitution fixes the limita¬ 
tion so low that it has been prejudicial to some Texan 
interests. Progress sometimes demands a high rate of 
taxation. Cultured communities and progressive cities 
sometimes desire to tax themselves more for schools 
and public improvements than the Constitution allows. 
While this is true, yet these restrictions have saved 
Texas from some of the misfortunes and hard times 
following the improper issuance of bonds and the ex¬ 
cessive taxes of some of her sister States. Texas has 
the lowest rate of taxation of any State in the Union. 
The following is the maximum tax rate per $100, as¬ 
sessed valuation, under the Constitution and statutes: 


132 


CIVICS: TEXAS AND FEDERAL 


State tax, inclusive of the tax necessary to pay the pub¬ 
lic debt and to provide for the public free schools. .$ .35 


City or County tax, for city or county purposes.25 

City or County tax, for roads and bridges.15 

County tax, to pay jurors...15 

City or County tax, for the erection of public buildings, 
streets, sewers, water works and other permanent im¬ 
provements .25 

County tax, for roads, provided a majority of the qualified 
voters owning property in the county, who vote at the 
election held for that purpose, favor it.15 


Taxable Property. —All property, real or personal, ex¬ 
cept that which is legally exempt, is subject to taxa¬ 
tion, and the law requires that it be rendered at its full 
market value on a blank furnished by the assessor for 
the purpose. The person or persons legally accountable 
for the property must swear to the accuracy and com¬ 
pleteness of the rendition. If a person renders his 
property fraudulently he is guilty of perjury, and upon 
conviction, is liable to be sentenced to the penitentiary for 
a term of from five to ten years. Real property includes 
all land, the buildings and improvements on the same, and 
all mines, quarries, minerals, fossils, oil and gas, on or 
under the land so far as can be ascertained. Personal 
property includes furniture, clothing*, jewelry, merchan¬ 
dise, farm products, live stock, all money, stocks, bonds, 
notes and other evidences of debt, owned by the citizens 
of the State, wherever located. The following property 
is exempt from taxation: 

a. All schoolhouses and churches, with their lands and 
furnishings; all colleges and universities with their equip¬ 
ment, lands, and endowments, provided such property is used 
exclusively for educational purposes. 

b. All cemetery lands not held for profit. 

c. All property belonging to the United States, or to the 
state, county, or city. 

d. All buildings and grounds used exclusively for charitable 
purposes. 

e. All public libraries and museums. 

f. Household and kitchen furniture to the value of $250. 

g. All annual pensions granted by the State. 







CIVICS: TEXAS AND FEDERAL 


133 


h. All farm products in possession of the producers, and 
all family supplies on hand for use in the home or on the 
farm. 

The Somers’ System of Valuation.—It frequently hap¬ 
pens that the assessment of property is not made equita¬ 
bly. The real estate of prominent citizens is sometimes 
valued at a smaller per cent of its market value than 
that of less influential citizens. Any inequitable method 
of assessment interferes with a fair distribution of the 
public expenses. Houston in 1911, and Beaumont in 
1912 adopted the Somers’ Unit System of Realty 
Valuation. This system had its origin in St. 
Paul, Minn., and has been adopted by a num¬ 
ber of the most progressive cities in the United 
States. A committee of real estate experts decides on 
a fair selling price by the front foot of a lot in the mid¬ 
dle of each block in the city. Every block is visited by 
the committee so that errors may be corrected on the 
ground. After this, by a process of mathematical cal¬ 
culations, a fair selling price for every lot in the block 
can be arrived at. Distance from street corners and 
electric cars, the situation of the lots as to height, slope, 
etc., and the improvements that the street possesses, are 
factors that affect all lots in a fixed ratio. In order to 
encourage improvements on lots, all buildings placed 
on them are assessed at only twenty-five per cent of 
their cost. This is arrived at by measuring each build¬ 
ing and then figuring out its cost, in much the same way 
that contractors and builders do. The result at Houston 
and Beaumont has been that the taxes on homes have 
decreased, and that those on vacant lots in the best 
parts of the city have increased. Many of these lots 
had been assessed at very low prices before, although 
their owners were declining to sell them, and were hold¬ 
ing them for the greatly increased prices that they ex¬ 
pected to realize in the future. Now the tendency is 


134 


CIVICS: TEXAS AND FEDERAL 


either to sell or to improve lots heretofore held for spec¬ 
ulative purposes. 

Poll Taxes.—A poll tax is a tax assessed at a fixed 
amount against all men between the ages of 21 and 60. 
Indians who do not pay a property tax, people who are 
deaf and dumb, and those who have lost a leg or an arm 
are exempt from poll taxes. The state and county poll 
tax is $1.75. Of this amount one dollar goes to the 
available school fund, fifty cents to the general fund of 
the State, and twenty-five cents to the general fund of 
the county. In 1911-12 there were 541,362 poll tax re¬ 
ceipts issued in Texas. Those living in some cities pay 
one dollar additional as a city poll tax. 

Occupation Tax.—Specific taxes may be levied on 
occupations not of an agricultural or mechanical nature. 
Auctioneers, pawn brokers, peddlers, theatrical compa¬ 
nies, circuses, saloon keepers, proprietors of billiard 
halls, etc., pay occupation taxes. Charity concerts, lec¬ 
tures in the interest of science or social organizations, 
and museums or fairs exhibiting Texas products exclu¬ 
sively, are exempt from occupation taxes. 

Inheritance Tax.—Texas levies an inheritance tax on 
all property above a certain value acquired through in¬ 
heritance. This tax, however, is not levied on property 
inherited from parents, husband or wife, or children, or 
by charitable institutions. Brothers, sisters, grand¬ 
parents, nephews, and nieces, must pay a tax of two per 
cent on inheritances valued at from $2000 to $10,000; 
and above that the rate increases with the inheritance. 
Aunts, uncles, and cousins must pay the same taxes, ex¬ 
cept that they begin with inheritances of $1000 instead 
of $2000. A person of no kinship inheriting property 
must pay an inheritance tax of four per cent on all in¬ 
heritances of $500 or more. 

Homesteads.—The home is not only the basal unit of 


CIVICS: TEXAS AND FEDERAL 


135 


society, but of the State and Nation as well. With the 
ownership of a home place, no matter how modest it 
may be, one becomes a better citizen than he would be 
without it. Even in the days of the Republic, Texas 
encouraged the ownership of home places by granting 
160 acres of land to heads of families, upon the condi¬ 
tion of a three years’ residence in good faith. The Con¬ 
stitution of Texas protects the homestead of a family 
from forced sale to satisfy debts. In many States writs 
of execution may be issued against homesteads like other 
property. In cities and towns a homestead consists of a 
lot valued* at not more than five thousand dollars with 
the house and other buildings on it, regardless of their 
value. In the country it consists of not more than two 
hundred acres of land with all the improvements on it. 
A homestead can be levied on and sold only for delin¬ 
quent taxes, or for part of the original purchase price, 
or for labor and material used in the construction of the 
improvements. Money can not be borrowed on a home¬ 
stead. It can only be sold with the consent of both 
husband and wife. In case of the death of the husband 
or wife, the homestead becomes the property of the 
other. If both husband and wife die, the homestead be¬ 
comes the property of the children and is not subject to 
any debts of the parents. The homestead is better safe¬ 
guarded in Texas than in any other State in the Union. 

THOUGHT QUESTIONS 

1. State the four fundamental principles underlying equitable 
taxation. 

2. Why was the convention of 1872 called the “tax payers 
convention ?” 

3. What is- the Somers’ System of valuation? 

4. Define property tax. Occupation tax. 

5. What is the maximum tax rate in Texas? 

6. What property of every home is exempt from taxation? 

7. What property of the farmer is exempt from taxation? 

8. What cemetery lands are taxed? 


CHAPTER XXIV 

PUBLIC EDUCATION 

Essential in a Republic.—Under a republican form of 
government a system of free common schools is a ne¬ 
cessity. Government by the people is impossible with¬ 
out an intelligent citizenship. As a matter of self-pres¬ 
ervation the State must educate its children and prepare 
them for the duties and responsibilities of citizenship. 
While private schools often do valuable work, their 
privileges are naturally limited to a favored few, and 
the State can not rely on them to educate its future citi¬ 
zens. The bulwark of the Nation is its free schools, 
and the best investment a State can make is to endow 
liberally and support generously its whole public school 
system. The founders of our State recognized the im¬ 
portance of popular education and, although harassed 
by burdens and ill-provided with the comforts of life, 
they laid the corner stone of what ought to become the 
best system of public schools ever established by any 
State or Nation. 

Provisions Made Under Mexican Supremacy.—The 

Constitution of the Republic of Mexico, under which 
Texas and Coahuila constituted one of the States of that 
Republic, contained provisions for public education, 
and the Constitution of the State of Coahuila and 
Texas committed the people of that State to the 
establishment and support of public schools. In 1833 a 
grant of land was made by the government to the De¬ 
partment of Nacogdoches, and the products of this land 
were to be used exclusively for the support of primary 
schools. This humble beginning established a precedent 
in Texas for state support of public schools. In their 
“Declaration of Independence” the people of Texas de- 


136 


CIVICS: TEXAS AND FEDERAL 


137 


dared that the Republic of Mexico, although possessed 
of boundless resources, had failed to establish any sys¬ 
tem of public education. 

Provisions Made by the Republic. —The Constitution 
of the Republic of Texas committed the people of that 
republic to the organization and support of a system of 
public free schools. An act, approved in 1839, set aside 
three leagues of land for each county then organized or 
that might be organized in the future, for the purpose of 
establishing primary schools or academies, and directed 
that a tract of fifty leagues of land be set aside for the 
establishment and endowment of two colleges or univer¬ 
sities, to be created at some later time. One was to be 
for young men and the other for young women. 

Provisions Under Statehood. —The first Constitution 
of the State, adopted in 1845, recommitted the people of 
Texas to the support of the public schools, and directed 
that one-tenth of the annual revenues derived from taxa¬ 
tion should be set apart by the Legislature as a perpetual 
fund for the support of the free public schools. From 
time to time small grants of land were made to the per¬ 
petual school fund by legislative enactment, and in 1850 
the comptroller of public accounts was directed to issue 
bonds to the amount of $36,000, and to place the money 
derived from their sale to the credit of this fund. In 
1854 the Legislature ordered two million dollars worth 
of United States bonds then in the state treasury to be 
placed to the credit of that same fund, and in 1866, by 
amendment to the Constitution, the sections of land al¬ 
ternating with those given to the railroads and other 
corporations were donated to the public school fund, 
and provision was made for the assessment and collec¬ 
tion of state and county taxes for school purposes. As 
a result of the far-sightedness and liberality of the build¬ 
ers of our State the perpetual school fund has received 


138 


CIVICS: TEXAS AND FEDERAL 


land grants to the extent of about forty-five million 
acres, and donations of over three million dollars in 
bonds from the State. It was estimated on September 1, 
1911, that Texas had a perpetual school fund valued at 
about $72,000,000. 

State School Funds. —These consist of three classes— 
the perpetual, the permanent, and the available. The 
perpetual school fund is composed of all funds, bonds, 
lands, and other property set apart and appropriated for 
the support of the public schools. The income only from 
the perpetual school fund can be spent, and the fund it¬ 
self must always remain intact. The permanent school 
fund is that part of the perpetual school fund that is in¬ 
terest bearing, and consists of bonds, notes, etc. It is de¬ 
rived largely from the sale of school lands belonging to 
the perpetual school fund. The available school fund 
consists of all the money available for the maintenance 
of the schools. It is derived principally from the income 
of the permanent school fund, special appropriations of 
the Legislature, a state tax not to exceed twenty cents 
on each $100 valuation, one-fourth of the occupation 
taxes, and the state poll tax receipts. In 1912-13 it was 
large enough to pay $6.85 for the education of every one 
of the 1,017,133 scholastics in the State. 

County Available School Funds. —The total amount 
of land set aside for county school purposes approxi¬ 
mates 4,229,166 acres. The income derived from this 
land, from bonds purchased with county school funds, 
and from various other sources, constitutes the county 
available school fund. 

District Available School Fund. —This consists of 
money derived from a special tax at a rate not to exceed 
fifty cents on each $100 valuation, of tuition charges 
paid by children not living in the district or who are 
over or under school age, and of money received from 


CIVICS: TEXAS AND FEDERAL 


139 


the lease of school property. The district available 
school fund in 1912-13 amounted to over six million 
dollars. 

Building Funds. —A building fund, i. e., one that can 
be used for erecting school buildings, can be raised by 
a bond issue authorized by a majority vote of the tax- 
paying voters of a school district or of a city. The pay¬ 
ment of these bonds, when due, must be provided for by 
an annual tax. This tax must be sufficient to meet the 
interest on them, and to provide a sinking fund sufficient 
to pay off all the bonds at maturity. This tax can never 
exceed twenty-five cents on each $100 valuation of prop¬ 
erty situated in the school district or city. 

School Districts. —There are two classes of school dis¬ 
tricts—the common school district and the independent 
school district. Common school districts are established 
by the county commissioners’ court, which also fixes 
their boundaries. In 1912 there were approximately 
7,900 common school districts in Texas. There are 
three kinds of independent school districts. One, an in¬ 
corporation for school purposes only, which may be 
established under the general law or by special act of the 
Legislature. Such an independent school district may 
have a territory not exceeding twenty-five square miles, 
and must contain a town of not less than two 
hundred inhabitants. The second kind of independent 
school district consists of a city which has assumed full 
control of the public schools within its limits. The law 
also permits institutions, such as the orphan homes of 
the various denominations and of fraternal orders, hav¬ 
ing charge of children of school age to organize as in¬ 
dependent school districts, even though they are situated 
inside of other independent districts. Such school dis¬ 
tricts are created by the State Board of Education, with 
boundaries limited to their own grounds. In 1912 there 


140 


CIVICS: TEXAS AND FEDERAL 


were about seven hundred independent school districts 
in Texas. 

Common school districts and independent school dis¬ 
tricts of less than 150 scholastic population are under 
the direct supervision of the county superintendent, and 
receive their share of the state available fund through 
the county officials. The other independent school dis¬ 
tricts receive their share direct from the state officials. 

Rural High Schools.—Texas will always be an agri¬ 
cultural state, with the greater part of its people living 
in the country. Boys and girls living on the farm are 
entitled to the same educational advantages as are those 
living in the towns. To assist in this the Legislature 
in 1911 passed a law providing for the establishment of 



rural high schools. It also appropriated $50,000 to be 
used in helping to inaugurate departments of agriculture, 



















CIVICS: TEXAS AND FEDERAL 


141 


manual training, and domestic science in these high 
schools, as well as in those of the independent districts. 
With the consolidation of common school districts and 
the transporting of pupils, well equipped schools of from 
four to six teachers can easily take the place of the little 
one-teacher schools. It costs about one cent more a day 
to educate a child in the town schools than it does in the 
rural schools, consequently the most that is needed to 
bring about an equalization in school opportunities is the 
consolidation of the rural schools, into schools of suf¬ 
ficient size to enable enough teachers to be employed, that 
each may have time to do as good work as is done in the 
towns. The rural high school law will help accomplish 
this by tending to make the work of such schools, so 
much better and more practical than can be that of the 
small schools, that parents will demand consolidation. 
In many states, like Indiana, North Carolina, and Lou¬ 
isiana, wonderful improvements have been made in the 
rural schools by these means during the past few years. 
There are three kinds of rural high schools known as 
those of the first class, second class, and third class, ac¬ 
cording as they maintain four years of work, three years 
of work, or two years of work, above the seventh grade 
.of the elementary school. The first and second classes 
must employ at least two teachers holding first grade 
state certificates and must maintain a term of eight 
months. The third class must employ at least one 
teacher holding a first grade state certificate and must 
maintain a term of seven months. 

Higher Institutions of Learning. —In addition to the 
rural high schools and city high schools the State has 
provided a thoroughly coordinated system of more ad¬ 
vanced schools, consisting of the State University at 
Austin, the Agricultural and Mechanical College near 
Bryan, the College of, Industrial Arts for Women at 


142 CIVICS: TEXAS AND FEDERAL 

Denton, and four State Normal Schools. These normals 
are located at Huntsville, Denton, San Marcos, and Can¬ 
yon. It also maintains the Prairie View State Normal 
and Industrial College for Negroes at Prairie View, in 
Waller County. The Medical Department of the Uni¬ 
versity of Texas is located at Galveston. The oldest of 





Bird’s Eye View of the Agricultural and Mechanical College, 
Showing the Cadet Corps Marching to Dinner. 


all these institutions is the Agricultural and Mechanical 
College, which owes its origin to an Act of Congress 
passed in 1862, by which Texas was entitled to 180,000 
acres of public land, provided she established within five 
years a college in which should be taught military sci¬ 
ence, agriculture, and the mechanic arts. This college 
opened in 1876. The University of Texas is the largest 
school in the entire South and compares favorably with 
any state university in the United States. All of these 
institutions are under the control of boards of regents, 
who elect their faculties and determine their policies. 
These boards of regents are appointed by the governor. 


CIVICS: TEXAS AND FEDERAL 


143 



A Bird's Eye View of the Campus of the University of Texas, 
Showing the Principal Buildings. 

THOUGHT QUESTIONS 

1. Upon what principle is a wealthy man without children 
compelled to pay a school tax? 

2. Why is a public school system necessary to perpetuate 
a republican form of government? 

3. When was this principle first recognized by Texans? 

4. Explain what is meant by the perpetual school fund? 
The permanent school fund? The available school fund? 

5. Which of these funds can never be decreased? 

6. What is a maintenance school fund? A building fund? 
A sinking fund? 

7. What advantage is gained by organizing an independent 
school district where admissible? 

8. Under what conditions may a school be organized within 
an organized district, and be managed and supported inde¬ 
pendently of the district? 

9. How is a rural high school organized? 

10. What is the function of state normals? Under what 
control are they ? 








CHAPTER XXV 



HOW OUR SCHOOLS ARE CONTROLLED 

The School System.—It matters not into what part of 
the State we may go we find a school waiting for us. 
When we enter any of the schools of the common school 
districts we find that the teachers are following the 


same course of study, and are using the same text books. 
This is not true in many states, with the result that when 
people move from one district to another their children 
are often put back in their classes, and are required to 
buy an entirely new set of books. The schools of Texas 
are organized into a good system that is the biggest 
part of the machinery of the State. In 1912 there 
were 21,000 people teaching in the public schools of 


Courtesy of Dallas News. 

Main Building of the College of Industrial Arts, Denton. 


144 



CIVICS: TEXAS AND FEDERAL 


145 


Texas, and the total expenditures for the schools 
amounted to more than twice all the appropriations made 
by the Legislature, to carry on every other department 
of the government for the following year. The schools 
do not receive the attention that they merit because they 
do their work so quietly. 

State Superintendent of Public Instruction.—At the 

head of this great system of schools is the state superin¬ 
tendent of public instruction. It is his duty to study the 
schools of the State and to suggest their needs to the 
governor and Legislature. He travels to all parts of the 
State in the cause of better schools and advises with 
school officers. He represents the school system of the 
State in its relations to other states. He provides for the 
examination of teachers and grants certificates to teach 
to those who have the requisite qualifications. He hears 
appeals on questions of school law from the decisions 
of boards of education in counties, cities, and independ¬ 
ent districts. He prepares courses of study for use in 
the common school districts and in rural high schools. 
Through his office the state available school fund is 
apportioned to the counties, cities, and independent dis¬ 
tricts. He approves all reports of receipts and disburse¬ 
ments of the school funds of the counties and independ¬ 
ent districts. 

The State Board of Education.—This board consists 
of the governor, secretary of state, and comptroller of 
public accounts. The state superintendent is ex-officio 
secretary. It hears appeals from the decisions of the 
state superintendent of public instruction in matters of 
school law. It has charge of investing the permanent 
school fund. It determines each year what the state avail¬ 
able school fund is, and by dividing this amount by the 
number of scholastics in the State during the preceding 
May, when the school census was taken, it fixes the an¬ 
nual apportionment of the school fund for that year. 


146 


CIVICS : TEXAS AND FEDERAL 



The State Normal Schools 














CIVICS: TEXAS AND FEDERAL 


147 


The Rural Schools .—The schools in the common 
school districts are under the immediate control of local 
boards of trustees. But in each county there is a 
county board of education, consisting of five members, 
elected at the general school trustee election on the first 
Saturday in April, for a term of two years. These mem¬ 
bers are so classed by lot that two are elected one year 
and three the next. They must be resident taxpaying 
voters in their respective precincts. The county board 
has general supervision over the schools of the county. 
It classifies them into primary, intermediate, and high 
schools, prescribes courses of study, apportions the state 
and county funds, and may consolidate common school 
districts for the purpose of organizing rural high 
schools. It may also arrange to give free tuition to 
eligible high school pupils in nearby high schools. 

City and Independent District Schools.—Independent 
district, and city schools are under the control of local 
boards of trustees, usually consisting of seven members 
whose term of office is two years, and who are classed 
so that the terms of four expire one year and those of 
the other three the next year. In most cases they are 
elected on the first Saturday in May. Houston and a 
few other cities have their school boards appointed by 
the city commission, or by the city council. Members of 
all school boards must be able to read and write intelli¬ 
gently in the English language, and to read, compre¬ 
hend, and interpret the school laws of Texas. Women 
are eligible to election to the board of trustees in cities 
or independent districts. The board of trustees elects 
for one or two years a qualified educator to serve as the 
superintendent of the schools, under such regulations 
as it may prescribe. 

Our Teachers.—The character of a school is due very 
largely to the teachers. It is therefore necessary to 


148 


CIVICS: TEXAS AND FEDERAL 


throw such safeguards around the teacher’s profession 
that only competent persons may be employed as teach¬ 
ers. All persons teaching in the public schools of Texas 
must hold certificates valid in the places where they 
teach. City superintendents and teachers of such special 
subjects as foreign languages, stenography and type¬ 
writing, domestic science, manual training, writing, 
drawing, and music, need not hold certificates. 

Teachers’ Certificates.—The State grants several dif¬ 
ferent kinds of certificates to those wishing to teach in 
its schools. Those that are valid for four and six years 
are called temporary certificates. There are two kinds 
of permanent certificates—permanent and permanent pri¬ 
mary. Permanent certificates indicate a proficiency in 



Bird’s Eye View of Prairie View State Normal and Industrial 
College. 


all high school subjects, except foreign languages, and 
entitle the holders to teach in any elementary or high 
school. Permanent primary certificates indicate pro¬ 
ficiency in the elementary branches and entitle the hold¬ 
ers to teach in any elementary school. In order to re¬ 
ceive a permanent certificate one must make an average 
grade of 85 per cent in his examination. There are cer¬ 
tificates granted for a limited period of time, known as 
first grade certificates and second grade certificates. 
First grade certificates indicate a proficiency in high 
school mathematics, history, English, civics, and the 






CIVICS: TEXAS AND FEDERAL 


149 


sciences as well as in the elementary branches and entitle 
the holders to teach in rural and city high schools and 
in the elementary grades. Second grade certificates in¬ 
dicate proficiency in the elementary branches, includ¬ 
ing agriculture, and entitle the holders to teach in the 
elementary schools. In order to receive a first grade 
or a second grade certificate the applicant must make in 
his examination not less than 50 per cent in any subject, 
and a general average of 75 per cent or more. 

How the Examinations Are Held.—In each county 
there is a county board of examiners consisting of two 
teachers holding first or higher grade certificates. They 
are appointed by the county superintendent and hold of¬ 
fice subject to his pleasure. On the first Friday and Sat¬ 
urday of June, September, and December, and at such 
other times as may be appointed by the state superin¬ 
tendent, this board holds teachers’ examinations. The 
questions are prepared under the direction of the state 
superintendent of public instruction and are sent in sealed 
packages to the county superintendent. In the presence 
of those wishing to take the examinations the examiners 
break the seals and take out the questions, which are then 
distributed to the applicants. Any person over 16 years 
of age who is recommended by the county superintendent 
and who pays a fee of two dollars may take these exam¬ 
inations. The papers of those seeking second grade cer¬ 
tificates, good only in the county, are examined and 
graded by the county examiners. Those who make the 
grades required by law are granted certificates by the 
county superintendent on the recommendation of the 
county examiners. The papers of all applicants for first 
grade or permanent certificates, or for second grade state 
certificates, must be sent to the State Department of Edu¬ 
cation to be graded by the State Board of Examiners. 
Those who pass this examination receive their certificates 
from the state superintendent of public instruction. In 


150 


CIVICS: TEXAS AND FEDERAL 


1911 nearly 70 per cent of all the teachers in the State 
held state certificates. 

State Board of Examiners. —This board consists of 
three or more competent teachers of Texas appointed by 
the state superintendent of public instruction to serve 
during his pleasure. It grades the examination papers 
forwarded by county superintendents. The state superin¬ 
tendent follows the recommendations of this board in the 
matter of granting certificates to the applicants. It also 
determines what colleges are of sufficient standing to 
warrant granting state certificates to their graduates 
without examination. 

Certificates Issued Without Examination. —Students 
who complete certain prescribed work in the University 
of Texas, the College of Industrial Arts, and the State 
Normal Schools of Texas, and of certain other colleges 
and universities recognized as first class by the State 
Board of Examiners, may receive from the State Depart¬ 
ment of Education teachers’ certificates. Graduates of 
Peabody College for Teachers at Nashville, Tenn., can 
have their diplomas recorded in the State Department of 
Education and receive from it a permanent certificate. 
Graduates of certain colleges in other States, and holders 
of permanent certificates of the highest rank issued by 
other States, may also receive certificates from the state 
superintendent of public instruction, good in Texas. 

Summer Normal Institutes. —In onder to assist those 
wishing to secure certificates to teach, or to review cer¬ 
tain branches under competent instructors, summer nor¬ 
mal institutes are held in various parts of the state. Reg¬ 
ulations are prescribed by the state superintendent of 
public instruction, and those institutes that conform to 
them are recognized by him. At the close of all recog¬ 
nized summer normal institutes, state examinations are 
held, and all the papers of the applicants are sent to 


CIVICS: TEXAS AND FEDERAL 


151 


Austin, where they are examined and graded by a special 
board of examiners appointed for that purpose by the 
state superintendent, certificates being issued by the state 
superintendent of public instruction to successful appli¬ 
cants. The number of members of the Summer Normal 
Board of Examiners varies from twenty to thirty. They 
are appointed annually and their terms expire when they 
have graded all the papers that come to them from the 
summer normals. They are generally in session about six 
weeks and grade from five to eight thousand sets of 
papers. 


THOUGHT QUESTIONS 

1. How are our schools controlled? 

2. Who formulates a course of study for the common schools? 
For rural high schools? 

3. How is practical uniformity secured in courses of study? 

4. How may pupils living near a rural high school, but not 
residents of the high school district, obtain free tuition in 
it? How may pupils living near a city high school obtain free 
tuition in it? 

5. Can a woman become a trustee of a common school 
district? 

6. Can a woman become a member of a board of county 
school trustees? Why not? 

7. Why has Texas favored Peabody Normal graduates 
more than those of many other normals outside this State? 


CHAPTER XXVI 


THE STATE AND ITS UNFORTUNATES 

Inhuman Conditions That Once Prevailed. —The care 
shown its unfortunate citizens by a State is a measure 
of its enlightenment. We remember reading in our his¬ 
tory how Georgia was first settled as an asylum for the 
poor debtors in English jails. In those days, when a 
person could not pay his bills, he was put in jail and 
kept there until his friends were able to pay them, which 
was often for years. It was not until 1861 that impris¬ 
onment for debt ceased in England. In colonial days, 
there are records of cases where people, guilty of what 
we would now term petty misdemeanors, had their ears 
cropped, their tongues slitted, their foreheads branded, 
and for many crimes were put to death. Until recent 
years, in some of the States, the insane were confined 
in the prisons along with the worst criminals. The 
blind and the deaf and dumb, idiots, and orphans, were 
left to depend on alms begged from those who passed 
by, or to the charity of their more fortunate neighbors. 
Texas was fortunate in entering on her career as a State, 
late enough to profit by the mistakes of the older States, 
and so to escape blotting her history with such acts of 
inhumanity. She has always taken an advanced position 
in the care of her unfortunates. 

Hospital for the Insane. —In 1856 the Legislature ap¬ 
propriated one hundred thousand acres of public land 
for a hospital for the insane, and the following year the 
first institution of its kind in Texas was opened at Aus¬ 
tin. Since then hospitals for the insane have been 
established at Terrell and at San Antonio. In 1912 the 
cost of operating these institutions was nearly $900,000, 
and over five thousand patients were cared for. 


-uuj 


CIVICS: TEXAS AND FEDERAL 


153 


The Deaf and Dumb. —At the same time that the Leg¬ 
islature made its appropriation of land for a hospital 
for the insane, it appropriated an equal amount for an 
institute for the deaf and dumb, and located it at Austin. 
In reality there are two institutes, one for white youths, 



The Deaf and Dumb Institute. 


which had 447 inmates in 1911, and one for colored 
youths, with 104 inmates. In these institutes, by a slow, 
painstaking process, the children are taught to under¬ 
stand what those about them are saying, by watching the 
motion of their lips, and to talk with the aid of finger 
signs. When they leave the institutes they are self-sup¬ 
porting and prepared to creditably care for themselves. 

The Blind. —The State School for the Blind at Austin 
has been in operation since 1857. In 1911 it enrolled 228 
white children. The blind colored children are cared for 
at the Colored Deaf and Dumb Institute. In the blind 
school, children who have never seen a ray of light are 
taught to read by means of books with raised letters that 
they feel with their fingers, and to write on the type¬ 
writer. They learn to play the piano and other musical 
instruments. They are taught various useful trades, 



154 


CIVICS : TEXAS AND FEDERAL 


such as broom making, basketry, and knitting, by which 
they are enabled to earn a living when they complete 
their course and leave the school. 



Broom-Making at the Blind Institute for Whites. All Persons in 
the Picture, Including the Teacher, Are Totally Blind. 

The Orphans’ Home.— The State maintains at Corsi¬ 
cana a home for its children who have lost both parents. 
This was also built with a grant of one hundred thou¬ 
sand acres of public land. At this home in 1911 Texas 
was raising and educating 301 children. Before leaving 
the home each child learns some trade, such as stenogra¬ 
phy, dressmaking, millinery, etc., in order that he may be 
able to support himself and become a useful citizen. 

Other State Institutions. —At Abilene, Texas main¬ 
tains a hospital for her epileptics, where in 1911 there 
were 540 inmates. She has also established a state sani¬ 
tarium for those afflicted with tuberculosis, being one of 
the first states in the Union to take this step. It is ex- 













CIVICS: TEXAS AND FEDERAL 


155 


pected that this institution, which is located at Carlsbad, 
near San Angelo, will reduce the death rate considerably 
as a result of caring for consumptives in a hospital where 
they can be surrounded with every condition conducive 
to a recovery. It is a well known fact that consumption 
in its first stages can be so treated as to be cured. At 
Gatesville there is an institution for training boys who 
are guilty of petty crimes and misdemeanors. Also boys 
under the age of 16 years convicted of felonies are sent 
to this institution. Many of those sent there become 
good, useful citizens as the result of the training received. 

The State Penitentiaries. —Texas owns two penitentia¬ 
ries, one at Huntsville and the other at Rusk. However, 
only a part of her 3500 convicts, in 1911, were at these 
penitentiaries. Formerly, many of them were leased 
to contractors, who paid the State a certain price for their 
labor and then got out of them all the work that was 
possible. Beginning with 1912, all convicts are being 
worked for the State’s benefit. Texas now owns several 
large farms, aggregating many thousand acres, and it is 
on them that most of the State convicts are worked. The 
change from the leasing system to the present one was 
one of the most commendable steps that has ever been 
taken in connection with the care of the State’s unfortu¬ 
nate citizens, and deserves the fullest approval of every 
good citizen. 

THOUGHT QUESTIONS 

1. What is a penal institution? An eleemosynary institu¬ 
tion? A school for delinquents? A school for defectives? 

2. What is a hospital? Locate one. 

3. What is a sanitarium? Locate one. 

4. Where is the State Epileptic Colony? 

‘5. What is an orphans’ home? 

6. Locate an orphans’ home supported by the State. 

7. Locate an orphans’ home supported by a secret order. 

8. Locate an orphans’ home supported by a church. 

9. What commendable changes have been made in the treat¬ 

ment of convicts? 

10. Locate the penitentiaries of Texas. 


CHAPTER XXVII 


SOME CIVIC PROBLEMS 

Monopolies and Trusts. —The growth of manufactur¬ 
ing in this country resulted in such keen competition 
that often the products were sold with little profit to the 
manufacturers. To remedy this evil a plan of combin¬ 
ing was devised. When a number of firms and corpora¬ 
tions, engaged in the same business, enter into an agree¬ 
ment for the purpose of regulating the supply and price 
of commodities, they are said to form a trust. Some¬ 
times a holding corporation is formed for the purpose 
of taking over a controlling interest in each separate 
firm or corporation. In other cases there is only an un¬ 
derstanding between the different parties; this is known 
as a “gentleman’s agreement.” The advantages of a 
trust are that it does away with ruinous competition and 
effects many economies in the conduct of the separate 
businesses, but these advantages seldom reach the con¬ 
sumers. It is easy for a trust to become a menace to so¬ 
ciety by driving out of business smaller and weaker com¬ 
petitors. It thus monopolizes some trade or industry, 
and is enabled thereby to raise prices arbitrarily. This 
is accomplished by acts in restraint of trade, such 
as refusing to sell its products to those who decline to 
agree not to handle those of competitors, or by refusing 
to buy raw materials except at prices established by it¬ 
self. Both the Federal government and separate States 
have passed anti-trust laws. The Texas laws are among 
the most stringent and have resulted in ousting from the 
State several trusts, and in the collection of large fines. 

Public Health. —During the past few years this ques¬ 
tion has received much attention, and many helpful laws 
have been enacted. The more thickly settled a corn- 


156 


CIVICS: TEXAS AND FEDERAL 


157 


munity is, the more difficult it is to guard the health of 
its citizens. The enforcement of the various health laws 
is in charge of the State Board of Health and the State 
Health Officer. Every county and city has similar offi¬ 
cials who make health regulations for the safeguard of 
its own citizens. Before entering the public schools of 
some cities, all children are required to be vaccinated as 
a protection from small-pox. In case of an epidemic of 
some contagious disease like scarlet fever, diphtheria, 
measles, meningitis, etc., the health authorities may close 
the schools, churches, and theatres, and even quarantine 
against all other places. To attempt to evade such a 
quarantine is a very serious offense. The law requires 
that all cases of contagious diseases shall be reported 
promptly to the health authorities. This enables them 
to quarantine the buildings where the infected are and to 
prevent a spread of the disease. Because of the mild and 
dry climate that abounds in parts of the State, many 
persons suffering with consumption go there for relief. 
Some of these consumptives are restored to health, while 
others have their lives prolonged for years. To protect 
those who come in contact with these consumptives the 
law requires all railway cars to be disinfected frequently, 
forbids sweeping in them without the use of something to 
prevent dust, and forbids the use of common drinking 
cups in public places, and spitting on sidewalks, or on 
the floors of cars, public buildings, etc. Knowing that 
the mosquito is the cause of the spread of malaria and 
yellow fever, and the house fly of typhoid fever and 
possibly other diseases, special efforts are now being 
made to get rid of these insects. Every citizen owes it 
to his own health to cooperate with the health officers 
in destroying them, and especially their breeding places. 

Pure Foods. —Desire for larger profits leads to plac¬ 
ing on the market many adulterated, misbranded, or 


158 


CIVICS: TEXAS AND FEDERAL 


impure foods. Veal is canned and sold as chicken, beef 
sausage is offered as “all pork,” apple parings are 
mixed with strawberries to make “pure strawberry pre¬ 
serves,” milk is kept sweet by the use of preservatives, 
tomato catsup is colored with artificial colors, and even 
grain and flour and sugar are adulterated. Conditions 
became so bad in 1906 that the Congress of the United 
States passed the “Pure Food Law.” Since then Texas 
and most of the other States have enacted similar laws 



Laboratory of the Dairy, Food, and Drug Commissioner, Where 
Foods Are Tested for Impurities and Misbranding. 


with very beneficial results. The enforcement of the pure 
food laws of our State is in charge of the Dairy, Food, 
and Drug Commissioner. He and his assistants travel 
over the State, visiting stores, dairies, bakeries, and food 
manufactories, and they secure samples of articles sus¬ 
pected of being sold in violation of the law. At the Capi- 










CIVICS: TEXAS AND FEDERAL 


159 


tal they have laboratories where they examine these sam¬ 
ples and, if found impure, misbranded, or adulterated, 
they prosecute the dealers or manufacturers. They also 
co-operate with the local authorities in seeing that the le¬ 
gal standards of purity, quantity, and cleanliness are 
maintained. As a result of their work and that of similar 
officers employed by the National Government, we know 
what we are getting when we buy articles, of food, and 
we are protected from diseases caused by foods unfit 
to eat. 

The Liquor Question. —Formerly, intoxicating liquors 
were sold by nearly every general merchant and grocer, 
just as molasses or vinegar are nowadays; and bars, or 
tap rooms, were found in every inn. In those days 
there was little agitation of the liquor question, and 
even the clergy used liquors in moderation. With the 
establishment of the saloon and a tendency on the part 
of many to drink liquors to excess, the control of the 
liquor business has become a perplexing civic problem. 
In general, there are three methods of regulating it: 
the tax license system, by which saloons may be licensed 
in the towns and citi* under prescribed conditions; the 
local option system, under which towns, counties, or 
precincts may, by popular vote, prohibit the sale of 
liquors within their borders; and state-wide prohibition, 
under which the manufacture as well as the sale of in¬ 
toxicants is prohibited throughout the whole State. Un¬ 
der the tax license system the fee for a license varies 
greatly. In Wisconsin it is as low as $100, and in 
New York as high as $1500. Most of the States 
have local option. When a county votes “dry” the sale 
of liquor in all towns situated in it is forbidden, even 
though they may favor saloons. If the county goes 
“wet,” separate precincts and towns may forbid 
saloons. As a rule no saloon is permitted near school 


160 


CIVICS : TEXAS AND FEDERAL 


houses, churches, or. parks, and the number of licenses 
granted is limited. All saloons are required to close at 
midnight. No liquors can be sold on Sundays, or on elec¬ 
tion days; and never to minors nor to habitual drunkards. 
Tennessee, Georgia, Kansas, Maine, Mississippi, North 
Carolina, North Dakota, West Virginia, and Oklahoma, 
have state-wide prohibition. In these states the manu¬ 
facture of liquor is prohibited by law, but the actual 
sale depends much upon the public sentiment in the dif¬ 
ferent cities. If sentiment is in favor of prohibition the 
law is enforced, but if it is opposed to prohibition the 
law is more or less evaded. Texas has, at different times, 
attempted to secure state-wide prohibition both by con¬ 
stitutional amendment and by statute, but all these at¬ 
tempts have failed. In general, the rural population and 
the small towns favor prohibition, while the cities favor 
the high license system. It is estimated that about one- 
half of the United States is now under prohibition laws. 

The Good Roads Movement. —In the early days of 
our Republic roads were built by the National Govern¬ 
ment to facilitate the carrying of the mails and com¬ 
merce between the States. Buf many years ago the 
building of roads was left to local authorities, or to 
private companies. As a rule the public roads were not 
well made and they were indifferently kept. On the 
other hand the “turnpike” or toll roads, built by private 
concerns, were well constructed and always kept in good 
condition. But every few miles there were gates and 
toll houses and all travelers using them were required 
to pay tolls. This collection of tolls caused much dis¬ 
content. During recent years the counties have taken 
over nearly all the toll roads and bridges, and made them 
free. Today there are about 140,000 miles of public 
roads in Texas, but not more than 6,300 miles can be 
classed as excellent. These roads have been surfaced 


CIVICS: TEXAS AND FEDERAL 


161 


with shell, gravel, macadam, asphalt rock, crushed rock, 
or sand clay, and cost, on an average, two thousand dol¬ 
lars a mile for their construction. As we have learned, the 
Constitution allows a special tax of fifteen cents on the 



Courtesy of Dallas News. 

A Good Road in Grayson County. 


$100 for road building. The general use of the automobile 
has impressed on the people everywhere the need of good 
roads. Not only have many roads been impassable for au¬ 
tomobiles at all seasons of the year, but they have even 
been impassable for any kind of traffic at certain seasons.. 
People have learned that better roads mean that the farm- 






162 


CIVICS : TEXAS AND FEDERAL 



er can haul much heavier loads to market with the saiii6 
teams and thus reduce the cost of transportation; that 
the value of land is increased through its being made 
more easily accessible; and that they aid in the settle¬ 
ment of the country by making possible consolidated 
schools and free mail delivery. Many Texas counties 

and precincts 
have voted 
bonds for good 
roads—in fact, 
up to January, 
1912, bonds for 
over ten mil- 
1 i o n dollars 
had been is¬ 
sued for this 
purpose. The 
roads are built, 
either through 

Courtesy of IJauas the labor of 

A Split Log Drag. . 

convicts, or by 

the employment of modern machinery. After being built, 
they need to be kept in repair. Many counties use the 
split-log drag, which can be made at a few dollars cost, 
and can be operated at a cost of about five dollars a day. 


THOUGHT QUESTIONS 

1. What is a monopoly? 

2. What is a trust? Are there any “good trusts?” 

3. What is a “gentleman’s agreement?” 

4. What is meant by raw material? 

5. What State has the most stringent anti-trust laws? 

6. Do anti-trust laws temporarily harm a State? How? 

7. Name some of the duties of a health officer. 

8. Name four contagious diseases. 

9. How can the spread of contagious diseases be checked? 

10. State how a consumptive may be cured. 






PART ONE 


163 


11. What precautions should always be taken where there 
are cases of tuberculosis? 

12. What is meant by quarantining a place? 

13. Why should you not use a drinking cup used by an¬ 
other person? 

14. What causes the spread of malaria? 

15. What causes the spread of typhoid fever? 

16. How can these evil agencies be destroyed? 

17. State a few pure food laws. 

18. Name a few foods frequently adulterated. 

1°. What is meant by local option? 

20. What is meant by a dry town? A wet town? 

21. Why do we have a law to close saloons on election days? 

22. How many times has Texas voted on State-wide pro¬ 
hibition? 

23. What are the advantages of a consolidated school? 

24. How do good roads help make good schools? 


CONSTITUTION 


OF THE 


STATE OF TEXAS 


ADOPTED 


BY THE CONSTITUTIONAL CONVENTION CONVENED AT AUSTIN. 
SEPTEMBEK 6. 1875, AND RATIFIED BY THE PEOPLE, 

FEBRUARY 15. 1876 


PREAMBLE. 

Humbly Invoking the blessings of Almighty God, the people of the State of Texas 
do ordain and establish this Constitution. 

ARTICLE 1. 

BILL OF RIGHTS. 

That the general great, and essential principles of liberty and free government 
may be recognized and established, we declare: 

SECTION 1. Texas is a free and Independent State, subject only to the Con¬ 
stitution of the United States; and the maintenance of our free institutions and the 
perpetuity of the Union depend upon the preservation of the right of local self- 
government unimpaired to all the States. 

SEC. 2. All political power is inherent in the people, and all free governments 
are founded on their authority, and instituted for their benefit. The faith of the 
people of Texas stands pledged to the preservation of a republican form of govern¬ 
ment, and, subject to this limitation only, they have at all times the inalienable 
right to alter, reform, or abolish their government in such manner as they may 
think expedient. 

SEC. 3. All free men, when they form a social compact, have equal rights, and 
no man, or set of men, i? entitled to exclusive separate public emoluments, or privi¬ 
leges, but in consideration of public services. 

SEC. 4. No religious test shall ever be required as a qualification of any office, 
or public trust, in this State; nor shall any one be excluded from holding office on 
account of his religious sentiments provided he acknowledge the existence of a Supreme 
Being. 

SEC. 5. No person shall be disqualified to give evidence in any of the courts 
of this State on account, of his religious opinions, or for want of any religious belief, 
but all oaths or affirmations shall be administered in the mode most binding upon 
the conscience, and shall be taken subject to the pains and penalties of perjury. 

SEC. 6 All men have a natural and indefeasible right to worship Almighty God 
according to the dictates of their own consciences. No man shall be compelled to 
attend, erect, or support any place of worship, or to maintain any ministry, against 
his consent. No human authority ought, in any case whatever, to control or interfere 
with the rights of conscience in matters of religion, and no preference shall ever be 
given by law to any religious society or mode of worship. But it shall be the duty 
of the Legislature to pass such laws as may be necessary to protect equally every 
religious denomination in the peaceable enjoyment of its. own mode of public worship. 

SEC. 7. No money shall be appropriated or drawn from the treasury for the 
benefit of any sect, or religious society, theological or religious seminary; nor shall 
property belonging to the State be appropriated for any such purposes. 

SEC. 8. Every person shall be at liberty to speak, write, or publish his opinions 
on any subject, being responsible for the abuse of that privilege; and no law shall 
ever be passed curtailing the liberty of speech or of the press. In prosecutions for 
tlie publication of papers investigating the conduct of officers or men in public 
capacity, or when the matter published is proper for public information, the truth 
thereof may be given in evidence. And in all indictments for libels the jury' shal. 
have the right to determine the law and the fact, under the direction of the court 
as in other cases. 

SEC. 0. The people shall be secure, in their persons, houses, papers and pos¬ 
sessions, from all unreasonable seizures or searches, and no warrant to search any 
place, or to seize any person or thing, shall issue without describing them as near 
as may be, nor without probable cause, supported by oath or affirmation. 

SEC. 10. In all criminal prosecutions, the accused shall have a speedy public 


164 



CIVICS: TEXAS AND FEDERAL 


165 


trial by an impartial jury. He shall have the right to demand the nature and 
cause of the accusation against him, and to have a copy thereof. He shall not be 
compelled to give evidence against himself. He shall have right of being heard by 
himself or counsel, or both; shall be confronted with the witnesses against him, and 
shall have compulsory process for obtaining witnesses in his favor. And no person 
shall be held to answer for a criminal offense, unless on indictment of a Grand Jury, 

except in cases in which the punishment is by fine or imprisonment otherwise than 

in the penitentiary, in cases of impeachment, and in cases arising in the army or 

navy, or In the militia, when in actual service in time of war or public danger. 

SEC. 11. All prisoners shall be bailable by sufficient sureties, unless for capital 
offenses, when the proof is evident; but this provision shall not be so construed as to 
prevent bail after Indictment found, upon examination of the evidence in such man¬ 
ner as may be prescribed by law. 

SEC. 12. The writ of habeas corpus is a writ of right, and shall never he sus¬ 
pended. The Legislature shall enact laws to render the remedy speedy and effectual. 

SEC. 13. Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel or unusual punishment inflicted. All courts shall be open, and every person, 
for an injury done him in his lands, goods, person, or reputation, shall have remedy 
by due course of law. 

SEC. 14. No person, for the same offense, shall be twice put in jeopardy of 
life or liberty; nor shall a person be again put upon trial for the same offense after 
a verdict of not guilty in a court of competent jurisdiction. 

SEC. 15. The right of‘trial by jury shall remain inviolate. The Legislature 
shall pass such laws as may be needed to regulate the same, and to maintain its 
purity and efficiency. 

SEC. 16. No bill of attainder, ex post facto law, retroactive law, or any law 
impairing the obligation of contracts, shall be made. 

SEC. 17. No person’s property shall be taken, damaged, or destroyed for or 
applied to public use without adequate compensation being made, unless by the con¬ 
sent of such person; and, when taken, except for the use of the State, such com¬ 
pensation shall be first made, or secured by a deposit of money; and no irrevocable 
or uncontrollable grant of special privileges or immunities shall be made; but all 
privileges and franchises granted by the Legislature, or created under its authority, 
shall be subject to the control thereof. 

SEC. 18. No person shall ever be imprisoned for debt. 

SEC. 19. No citizen of this State shall be deprived of life, liberty, property, 
privileges, or immunities, or in any manner disfranchised, except by the due course 
of the law of the land. 

SEC. 20. No person shall be outlawed; nor shall any person be transported out 
of the State for any offense committed within the same. 

SEC. 21. No conviction shall work corruption of blood, or forfeiture of estate; 
and the estates of those who destroy their own lives shall descend or vest as in case 
of natural death. 

SEC. 22. Treason against the State shall consist only in levying war against It, 
or adhering to its enemies, giving them aid and comfort; and no person shall be 
convicted of treason except on the testimony of two witnesses to the sjyne overt act, 
cr on confession in open court. 

SEC. 23. Every citizen shall have the right to keep and bear arms in the lawful 
defense of himself or the State: but the Legislature shall have power by law to regu- 
ate the wearing of arms, with a view to prevent crime. 

SEC. 24. The military shall at all times be subordinate to the civil authority. 

SEC. 25. No soldier shall, in time of peace, be quartered in the house of any 
citizen without the consent of the owner, nor in time of war, but in a manner pre¬ 
scribed by law. 

SEC. 26. Perpetuities and monopolies are contrary to the genius of a free gov¬ 
ernment, and shall never be allowed; nor shall the law of primogeniture or entail- 
ments ever be in force in this State. 

SEC. 27. The citizens shall have the right, in a peaceable manner, to assemble 
together for their common good, and apply to those invested with the powers of 
government for redress of grievances or other purposes, by petition, address, or 
remonstrance. 

SEC. 28. No power of suspending laws in this State shall be exercised except 
by the Legislature. 

SEC. 29. To guard against transgressions of the high powers herein delegated, 
we declare that everything in this “Bill of Rights” is excepted out of the general 
powers of government, and shall forever remain inviolate, and all laws contrary 
thereto, or to the following provisions, shall be void. 


166 


CIVICS: TEXAS AND FEDERAL 



ARTICLE II. 

THE POWERS OF GOVERNMENT. 



ARTICLE III. 

LEGISLATIVE DEPARTMENT. 




SEC. 1. The legislative power of this State shall he vested in. a Senate and 

House of Representatives, which together shall be styled “The Legislature of the 

State of Texas." 

SEC. 2. 1 The Senate shall consist of thirty- one members, and shall never be 
increased above this number. The House of Representatives shall consist of ninety- 
three members until the first apportionment after the adoption of this Constitution, 
when, or at any apportionment thereafter, the number of Representatives may be 

increased by the Legislature, upon the ratio of not more than one Representative 

for every fifteen thousand inhabitants; provided, the number of Representatives 
shall never exceed one hundred and fifty. 

SEC. 3. The Senators shall be chosen by the qualified electors for the term 
of four years; but a new Senate shall be chosen after every apportionment, and the 
Senators elected after each apportionment shall be divided by lot into two classes. 
The seats of the Senators of tho first class shall be vacated at the expiration of 

the first two years, and those of the second class at the expiration of four years, 

so that one-half of the Senators shall be chosen biennially thereafter. 

SEC. 4. The members of the House of Representatives shall be chosen by the 
qualified electors, and their term of office shall be two years from the day of their 
election. 

SEC. 5. The Legislature shall meet every two years, at such time as may be 
provided by law, and at other times, when convened by the Governor. 

SEC. 6. No person shall be a Senator, unless he be a citizen of the United 

States, and at the time of his election a qualified elector of this State, and shall 
have been a resident of this State five years next preceding his election, and the last 
year thereof a resident of the district for which he shall be chosen, and shall have 
attained the age of tw T enty-six years. 

SEC. 7. No person shall be a Representative, unless he be a citizen of the 

United States, and at the time of his election a qualified elector of this State, and 
shall have been a resident of this State two years next preceding his election, and the 
last year thereof a resident of the district for which he shall be chosen, and shall 
have attained the age of twenty-one years. 

SEC. 8. Each House shall be the judge of the qualifications and election of its 
own members;* but contested elections shall be determined in such manner as shall 
be provided by law. 

SEC 9. The Senate shall, at the beginning and close of each session, and at 
such other times as may be necessary, elect one of its members President pro tempore, 
who shall perform the duties of the Lieutenant-governor in any case of absence or 
disability of that officer, and whenever the said office of Lieutenant-governor shall 
be vacant. The House of Representatives shall, when it first assembles, organize 
temporarily, and thereupon proceed to the election of a Speaker from its own mem¬ 
bers; and each House shall choose its other officers. 

SEC. 10. Two-thirds of each House shall constitute a quorum to do business, 
but a smaller number may adjourn from day to day, and compel the attendance 
of absent members, in such manner and under such penalties as each House may 
provide. 

SEC. 11. Each House may determine the rules of its own proceedings, punish 
members for disorderly conduct, and, with the consent of two-thirds, expel a member, 
but not a second time for the same offense. 

SEC. 12. Each House shall keep a journal of its proceedings, and publish the 
same; and the yeas and nays of the members of either House on any question shall, 
at the desire of any three members present, be entered on the journals. 

SEC. 13. When vacancies occur in either House, the Governor, or the person 
exercising the power of the Governor, shall issue writs of election to fill such 
vacancies; and should the Governor fail to issue a writ of election to fill any such 
racancy within twenty days after it occurs, the returning officer of the district In 



CIVICS: TEXAS AfcfD FEDERAL 167 


Which such vacancy may have happened shall be authorized to order an election 
for that purpose. 

SEC. 14. Senators and Representatives shall, except in cases of treason, felony, 
or breach of the peace, be privileged from arrest during the session of the Legislature, 
and in going to and returning from the same, allowing one day for every twenty 
miles such member may reside from the place at which the Legislature is convened. 

SEC. 15. Each House may punish, by imprisonment, dining its sessions, any 

person not a member, for disrespectful or disorderly conduct in its presence, or for 
obstructing any of its proceedings; provided, such imprisonment shall not, at any 
one time, exceed forty-eight hours. 

SEC. 16. The sessions of each House shall be open, except the Senate, when in 
executive session. 

SEC. 17. Neither House shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that where the Legislature may be 
sitting. 

SEC. 18. No Senator or Representative shall, during the term for which he 

may be elected, be eligible to any civil office of profit under this State which shill 
have been created or the emoluments of which may have been increased during such 
term; no member of either House shall, during the term for which he is elected, 
be eligible to any office or place, the appointment to which may be made, in whole 
or in part, by either branch of the Legislature; and no member of either House 
shall vote for any other member for any office whatever, which may be filled by a 
vote of the Legislature, except in such cases as are in this Constitution provided. 
Nor shall any member of the Legislature be interested, either directly or indirectly, 
in any contract with the State, or any county thereof, authorized by any law passed 
during the term for which he shall have been elected. 

SEC. 19. No judge of any court. Secretary < f State, Attorney-general, clerk of 

any court of record, or any person holding a lucrative office under the United States, 

or this State, or any foreign government, shall, during the term for which he is 
elected or appointed, be eligible lo the Legislature. 

SEC. 20. No person who at any time may have been a collector of taxes, or 
who may have been otherwise intrusted with public money, shall be eligible to the 
Legislature, or to any office of profit or trust under the State government, until he 
shall have obtained a discharge for the amount of such collections, or for all public 
moneys with which he may have been intrusted. 

SEC. 21. No member shall be questioned in any other place for words spoken in 
debate in either House. 

SEC. 22. A member who has a personal or private interest in any measure 
or bill, proposed, or pending before the Legislature, shall disclose the fact to the 
House of which he is a member, and shall not vote thereon. 

SEC. 23. If any Senator or Representative remove his residence from the dis¬ 
trict or county for which he was elected, his office shall thereby become vacant, 
and the vacancy shall be filled as provided in Section 13 of this Article. 

SEC. 24. The members of the Legislature shall receive from the public treasury 
such compensation for their services as may, from time to time, be provided by law, 
not exceeding five dollars per day for the first sixty days of each session; and after 
that not exceeding two dollars per day for the remainder of the session; except the 
first session held under this Constitution, when they may receive not exceeding five 
dollars per day for the first ninety days, and after that not exceeding two dollars 
per day for the remainder of the session. In addition to the per diem the members 
of each House shall be entitled to mileage in going to and returning from the seat 
of government, which mileage shall not exceed five dollars for every twenty-five miles, 
the distance to be computed by the nearest and most direct route of travel by land, 
regardless of railways or water routes; and the Comptroller of the State shall prepare 
and preserve a table of distances to each county seat now or he-eafter to be estab¬ 
lished, and by such table the mileage of each member shall be paid; but no member 
shall be entitled to mileage for any extra session that may be called within one 
day after the adjournment of a regular or called session. 

SEC. 25. The State shall be divided into senatorial dist lets of contiguous 
territory, according to the number of qualified electors, as nearly as may be, and 

each district shall be entitled to elect one Senator, and no single county shall be 
entitled to more than one Senator. 

SEC. 26. The members of the House of Representatives shall be apportioned 
among the several counties, according to the number of population in each, as 

nearly as may be, on a ratio obtained by dividing the population of the State, as 

ascertained by the most recent United States census, by the number of members of 

which the House is composed; provided, that whenever a single county has sufficient 
population to be entitled to a Representative, such county shall be formed into a 
separate representative district, and when two or more counties are required to make 
up the ratio of representation, such counties shall be contiguous to each other; and 


168 


CIVICS: TEXAS AND FEDERAL 


when any one county lias more than sufficient population to he entitled to one or 
more Representatives, such Representative or Representatives shall be apportioned to 
such county, and for any surplus of population it may be joined in a representative 
district with any other contiguous county or counties. 

SEC. 27. Elections for Senators and Representatives shall be general through¬ 
out the State, and shall be regulated by law 

SEC. 28. The Legislature shall, at its first session after the publication of each 
United States decennial census, apportion the State into senatorial and representative 
districts, agreeably to the provisions of Sections 25 and 26 of this Article; and until 
the next decennial census, when the first apportionment shall be made by the Legis¬ 
lature, the State shall be and it is hereby divided into senatorial and representative 
districts, as provided by an ordinance of the Convention on that subject. 

PROCEEDINGS. 

SEC. 29. The enacting clause of all laws shall be: "Be it enacted by the 
Legislature of the State of Texas.” 

SEC. 30. No law shall be passed except by bill, and no bill shall be so amended 
in its passage through either House as to change its original purpose. 

SEC. 31. Bills may originate in either House, and when passed by such House, 
may be amended, altered, or rejected by the other. 

SEC. 32. No bill shall have the force of law until it has been read on three 
several days in each House, and free discussion allowed thereon; but in cases of 
imperative public necessity (which necessity shall be stated in a preamble, or in 
the body of the bill), four-fifths of the House in which the bill may be pending 
may suspend this rule, the yeas and nays being taken on the question of sus¬ 
pension, and entered upon the journals. 

SEC. 33. All bills for raising revenue shall originate in the House of Repre¬ 
sentatives, but the Senate may amend or reject them as other bills. 

SEC. 34. After a bill has been considered and defeated by either House of the 
Legislature, no bill containing the same substance shall be passed into a law during 
the same session. After a resolution has been acted on and defeated, no resolution 
containing the same substance shall be considered at the same session. 

SEC. 35. No bill (except general appropriation bills, which may embrace tho 
various subjects and accounts for and on account of which moneys are appropriated) 
shall contain more than one subject, which shall be expressed in its title. But if 
any subject shall be embraced in an act which shall not be expressed in the title, 
such act shall be void only as to so much thereof as shall not be so expressed. 

SEC. 36. No law shall be revived or amended by reference to its title; but in 
such case the act revived or the section or sections amended shall be re-enacted and 
published at length. 

SEC. 37. No bill shall be considered, unless it has been first referred to a 
committee and reported thereon; and no bill shall be passed which has not been 
presented and referred to and reported from a committee at least three days before 
the final adjournment of the Legislature. 

SEC. 38. The presiding officer of each House shall, in the presence of the House 
over which he presides, sign all bills and joint resolutions passed by the Legislature, 
after their titles have been publicly read before signing; and the fact of signing shall 
be entered on the journals. 

SEC. 39. No law passed by the Legislature, except the general appropriation act, 
shall take effect or go into force until ninety days after the adjournment of the 
session at which it was enacted, unless in case of an emergency, which emergency 
must be expressed in a preamble or in tne body of the act, the Legislature shall, by 
a vote of two-thirds of all the members elected to each House, otherwise direct; said 
vote to be taken by yeas and nays, and entered upon the journals. 

SEC. 40. When the Legislature shall be convened in special session, there shall 
be no legislation upon subjects other than those designated in the proclamation of the 
Governor calling such session, or presented to them by the Governor; and no such 
session shall be of longer duration than thirty days. 

SEC. 41. In all elections by the Senate and House of Representatives, jointly 
or separately, the vote shall be given viva voce, except in the election of their officers 

REQUIREMENTS AND LIMITATIONS. 

SEC. 42. The Legislature shall pass such laws as may be necessary to carry into 
effect the provisions of this Constitution. 

SEC. 43. The first session of the Legislature under this Constitution shall pro¬ 
vide for revising, digesting, and publishing the laws, civil and criminal; and a like 
revision, digest, and publication may be made every ten years thereafter; provided, 
that in the adoption of and giving effect to any such digest or revision, the Legis¬ 
lature shall not be limited by Sections 35 and 36 of this Article 


CIVICS: TEXAS AND FEDERAL 


169 


SEC. 44. The Legislature shall provide by law for the compensation of all 
officers, servants, agents, and public contractors, not provided for in this Constitution, 
but shall not grant extra compensation to any officer, agent, servant, or public 
contractors, after such public service shall have been performed or contract 
entered into for the performance of the same; nor grant, by appropriation or other¬ 
wise, any amount of money out of the treasury of the State, to any individual, on 
a claim, real or pretended, when the same shall not have been provided for by pre¬ 
existing law; nor employ any one in the name of the State unless authorized by 
pre-existing law. 

SEC. 45. The power to change the venue in civil and criminal cases shall be 
vested in the courts, to be exercised in such manner as shall be provided by law; 
and the Legislature shall pass laws for that purpose. 

SEC. 46. The Legislature shall, at its first session after the adoption of this 
Constitution, enact effective vagrant laws. 

SEC. 47. The Legislature shall pass laws prohibiting the establishment of lot¬ 
teries and gift enterprises, in this State, as well as the sale of tickets in lotteries, 
gift enterprises, or other evasions involving the lottery principle, establishing or ex¬ 
isting in other States. 

SEC. 48. The Legislature shall not have the right to levy taxes or impose burdens 
upon the people, except to raise revenue sufficient for the economical administration 
of the government, in which may be included the following purposes: 

The payment of all interest upon the bonded debt of the State; 

The erection and repairs of public buildings; 

The benefit of the sinking fund, which shall not be more than two per centum 
of the public debt; and for the payment of the present floating debt of the State, 
including matured bonds for the payment of wlych the sinking fund is inadequate; 

The support of public schools, in which shall be included colleges and univer¬ 
sities established by the State; and the maintenance and support of the Agricultural 
and Mechanical College of Texas; 

The payment of the cost of assessing and collecting the revenue; and the pay¬ 
ment of all officers, agents, and employees of the State government, and all inci¬ 
dental expenses connected therewith; 

The support of the Blind Asylum, the Deaf and Dumb Asylum, and the Insane 
Asylum, the State Cemetery, and the public grounds of the State; 

The enforcement of quarantine regulations on the coast of Texas; 

The protection of the frontier. 

SEC. 49. No debt shall be created by or on behalf of the State, except to supply 
casual deficiencies of the revenue, repel invasion, suppress insurrection, defend the 
State in war, or pay existing debts; and the debt created to supply deficiencies in 
the revenue shall never exceed in the aggregate at any one time two hundred thou¬ 
sand dollars. 

SEC. 50. The Legislature shall have no power to give or to lend, or to author¬ 
ize the giving or lending, of the credit of the State in aid of, or to any person, 
association, or corporation, whether municipal or other; or to pledge the credit of 
the State in any manner whatsoever, for the payment of the liabilities, present or pros¬ 
pective, of any individual, association of individuals, municipal or other corporation 
whatsoever. 

SEC. 51. The Legislature shall have no power to make any grant or authorize 
the making of any grant of public money to any individual, association of indi¬ 
viduals, municipal or other corporation whatsoever; provided, however, the Legisla¬ 
ture may grant aid to indigent and disabled Confederate soldiers and sailors who 
came to Texas prior to January 1, 1900, and their widows in indigent circumstances, 
and who have been bona fide residents of the State of Texas since January 1, 1900. 
and who were married to such soldiers and sailors anterior to January 1, 1900; to 
indigent and disabled soldiers, who under special laws of the State of Texas, during 
the war between the States, served for a period of at least six months in organiza¬ 
tions for the protection of the frontier against Indian raids or Mexican marauders, 
and to indigent and disabled soldiers of the militia of the State of Texas, who were 
in active service for a period of at least six months during the war between the 
States, to the widows of such soldiers who are in indigent circumstances, and who 
were married to such soldiers prior to January 1, 1900, provided that the word 
“widow” in the preceding lines of this section shall not apply to women born since 
1861, and also to grant aid for the establishment and maintenance of a home for 
said soldiers and sailors, their wives and widows, and women who aided in the 
Confederacy, under such regulations and limitations as may be provided for by law; 
provided, the Legislature may provide for husband and wife to remain together in 
the home. 

The Legislature shall have the power to levy and collect, in addition to all other 
taxes heretofore permitted by the constitution of Texas, a State ad valorem tax on 
property not exceeding 5 cents on* the $100 valuation for the purpose of creating a 


170 


CIVICS: TEXAS AND FEDERAL 


special fund for the payment of pensions for services in the Confederate army and 
navy, frontier organizations and the militia of the State of Texas and for the widows 
of such soldiers serving in said armies, navies, organizations, or militia.»-Amend- 
ment to Art. Ill, Section 51, Adopted Nov. 5, 1912. 

SEC. 52. The Legislature shall have no power to authorize any county, city, 
town or other political corporation or subdivision of the State to lend its credit or 
grant public money or thing of value in aid of, or to any individual, association. or 
corporation whatsoever, or to become a stockholder in such corporation, association 
or company, provided, however, that under legislative provisions any county, anv 
political subdivision of a county, any number of adjoining counties, or any political 
subdivision of the State, or any defined district now or hereafter to be described 
and defined within the State of Texas, and which may or may not include towns, 
villages or municipal corporations, upon a vote of a two-thirds majority of the 
resident property taxpayers voting thereon who are qualified electors of such district 
or territory to be affected thereby, in addition to all other debts, may issue bonds 
or otherwise lend its credit in any amount not to exceed one-fourth of the assessed 
valuation of the real property of such district or territory, except that the total 
bonded indebtedness of any city, or town shall never exceed the limits imposed 
by other provisions of this Constitution, and levy and collect such taxes to pay 
the interest thereon and provide a sinking fund for the redemption thereof, as the 
Legislature may authorize, and in such manner as they may authorize the same, 
for the following purposes, to-wit: 

(a) The improvement of rivers, creeks and streams to prevent overflows, and 
to permit of navigation thereof, or irrigation thereof, or in aid of such purposes. 

(b) The construction and maintenance of pools, lakes, reservoirs, dams, canals 
and waterways for the purposes of irrigation, drainage or navigation, or in aid thereof. 

(c) The construction, maintenance and operation of macadamized, graveled or 
paved roads and turnpikes, or in aid thereof. Amendment adopted Nov. 8, 1904. 

SEC. 53. The Lerislature shall have no power to grant, or to authorize any 

county or municipal authority to grant, any extra compensation, fee, or allowance to 
a public officer, agent, servant, or contractor, after service has been rendered, or a 
contract has been entered into, and performed in whole or in part: nor pay, nor 
authorize the payment of any claim created against any county or municipality of 
tlio State, under any agreement or contract, made without authority of law. 

SEC. 54. The Legislature shall have no power to release or alienate any lien 

held by the State upon any railroad, or in any wise change the tenor or meaning, 
or pass any act explanatory thereof; but the same shall be enforced in accordance 
with the original terms upon which it was acquired. 

SEC. 55. The Legislature shall have no power to release or extinguish, or to 

authorize the releasing or extinguishing, in whole or in part, the indebtedness, 

liability, or obligation of any corporation or individual to this State, or to any 
county, or other municipal corporation therein. 

SEC. 56. The Lesislature shall not, except as otherwise provided in this Con¬ 
stitution, pass any local or special law, authorizing: 

The creation, extension, or impairing of liens; 

Regulating the affairs of counties, cities, towns, wards, or school districts; 

Changing the name of persons or places; changing the venue in civil or crimi¬ 
nal cases; 

Authorizing the laying out, opening, altering, or maintaining of roads, highways, 
streets, or alleys; 

Relating to ferries and bridges, or Incorporating ferry or bridge companies, 
except for the erection of bridges crossing streams which form boundaries between 
this and any other State; 

Vacating roads, town plats, streets, or alleys; 

Relating to cemeteries, graveyards, or public grounds not of the State; 

Authorizing the adoption or legitimation of children; 

Locating or changing county seats; 

Incorporating cities, towns, or villages, or changing their charters; 

For the opening and conducting of elections, or fixing or changing the places 
of voting; 

Granting divorces; 

Creating offices, or prescribing the powers and duties of officers, in counties, 
cities, towns, election or school districts; 

Changing the law of descent or- succession; 

Regulating the practice or jurisdiction of, or changing the rules of evidence in 
any judicial proceeding or inquiry before courts, justices of the peace, sheriffs, com¬ 
missioners, arbitrators, or other tribunals, or providing or changing methods for the 
collection of debts, or the enforcing of judgments, or prescribing the effect of judicial 
sales of real estate; 


CIVICS: TEXAS AND FEDERAL 


171 


Regulating the fees, or extending the powers and duties of aldermen, justices of 
the peace, magistrates, or constables; 

Regulating the management of public schools, the building or repairing of school- 
houses, and the raising of money for such purposes; 

Fixing the rate of interest; '■* 

Affecting the estates of minors, or persons under disability; 

Remitting fines, penalties, and forfeitures, and refunding moneys legally paid 
into the treasury; 

Exempting property from taxation; 

Regulating labor, trade, mining, and manufacturing; 

Declaring any named person of age; 

Extending the time for the assessment or collection of taxes, or otherwise re¬ 
lieving any assessor or collector of taxes from the due performance of his official 
duties, or his securities from liability; 

Giving effect to informal or invalid wills or deeds; 

Summoning or impaneling grand or petit juries; 

For limitation of civil or criminal actions; 

For incorporating railroads or other work of internal improvements; 

And in all other cases where a general law can be made applicable, no local 

or special law shall be enacted; provided, that nothing herein contained shall be 

construed to prohibit the Legislature from passing special laws for the preservation 
of the game and fish of the State in certain localities. 

SEC. 57. No local or special law shall be passed, unlesss notice of the inten¬ 
tion to apply therefor shall have been published in the locality where the matter or 
thing to be affected may be situated, which notice shall state the substance of the 
contemplated law, and shall be published at least thirty days prior to the introduction 
into the Legislature of such bill, and in the manner to be provided by law. The 

evidence of such notice having been published shall he exhibited in the Legislature 
before such act shall be passed. 

SEC. 58. The Legislature shall hold its sessions at the city of Austin, which 
is hereby declared to be the Seat of Government. 

ARTICLE IV. 

EXECUTIVE DEPARTMENT. 

SECTION 1. The Executive Department of the State shall consist of a Governor, 
who shall be the chief Executive Officer of the State, a Lieutenant-governor, Sec¬ 
retary of State, Comptroller of Public Accounts, Treasurer, Commissioner of the 
General Land Office, and Attomev-general. 

SEC. 2. All the above officers of the Executive Department (except Secretary of 
State) shall be elected by the qualified voters of the State at the time and places 
of election for members of the Legislature 

SEC. 3. The returns of every election for said Executive Ofifcers, until other¬ 
wise provided by law, shall be made out, sealed up, and transmitted by the return¬ 
ing officers prescribed by law, to the Seat of Government, directed to the Secretary 
of State, who shall deliver the same to the Speaker of the House of Representatives, as 
soon as the Speaker shall be chosen; and the said Speaker shall, during the first 
week of the session of the Legislature, open and publish them in the presence of 
troth Houses of the Legislature. The person, voted for at said election, having the 
highest number of votes for each of said offices respectively, and being constitutionally 
eligible, snail be declared by the Speaker, under sanction of the Legislature, to be 
elected to said office. But if two or more persons shall have the highest and an 
equal number of votes for either of said offices, one of them shall be immediately 
chosen to such office by joint vote of both Houses of the Legislature. Contested 
elections for either of said offices shall be determined by both Houses of the Legis¬ 
lature in joint session. 

SEC. 4. The Governor shall be installed on the first Tuesday after the organiza¬ 
tion of the Legislature, or as soon thereafter as practicable, and shall hold his office 
for the term of two years, or until his successor shall be duly installed. He shall 
be at least thirty years of age. a citiezn of the United States, and shall have resided 
in this State at least five years immediately preceding his election. 

SEC. 5. He shall, at stated times, receive as compensation for his services an 
annual salary of four thousand dollars, and no more, and shall have the use and 
occupation of the Governor's mansion, fixtures, and furniture. 

SEC. 6. During the time he holds the office of Governor he shall not hold any 
other office, civil, military, or corporate; nor shall he practice any profession, and 
receive compensation, reward, fee, or the promise thereof, for the same; nor receive 
any salary, reward, or compensation, or the promise thereof, from any person or corpo¬ 
ration, for any service rendered or performed during the time he is Governor, or to be 
thereafter rendered or performed. . 


172 


CIVICS: TEXAS AND FEDERAL 


SEC. 7 . He shall be commander-in-chief of the military forces of the State, 
except when they are called into actual service of the United States. He shall have 
power to call forth the militia to execute the laws of the State, to suppress insur¬ 
rections, repel invasions, and protect the frontier from hostile incursions by Indians 
or other predatory bands. 

SEC. 8. The Governor may, on extraordinary occasions, convene the Legislature 
at the Seat of Government, or at a different place in case that should be in posses¬ 
sion of the public enemy, or in case of the prevalence of disease thereat. His proc¬ 
lamation therefor shall state specifically the purpose for which the Legislature is 
convened. 

SEC. 9. The Governor shall, at the commencement of each session of the Legis¬ 
lature, and at the close of his term of office, give to the Legislature information, 
by message, of the condition of the State; and he shall recommend to the Legislature 
such measures as he may deem expedient. He shall account to the Legislature for 
all public moneys received and paid out by him from any funds subject to his order, 
with vouchers; and shall accompany his message with a statement of the same. And 
at the commencement of each regular session he shall present estimates of the amount 
of money required to be raised by taxation for all purposes. 

SEC. 10. He shall cause the laws to be faithfully executed; and shall conduct, 
in person, or in such manner as shall be prescribed by law, all intercourse and 
business of the State with other States and with the United States. 

SEC. 11. In all criminal cases, except treason and impeachment, he shall have 
power, after conviction, to grant reprieves, commutations of punishment, and pardons; 
and, under such rules as the Legislature may prescribe, he shall have power to remit 
fines and forfeitures. With the advice and consent of the Senate, he may grant par¬ 
dons in eases of treason, and to this end he may respite a sentence therefor, until 
the close of the succeeding session of the Legislature; provided, that in all cases of 
remissions of fines and forfeitures, or grants of reprieve, commutation of punishment, 
or pardon, he shall file in the office of the Secretary of State his reasons therefor. 

SEC. 12. All vacancies in State or district offices, except members of the Legis¬ 
lature, shall be filled, unless otherwise provided by law, by appointment of the Gov¬ 
ernor, which appointment, if made during its session, shall be with the advice and 
consent of two-thirds of the Senate present. If made during the recess of the Senate, 
the said appointee, or some other person to fill such vacancy, shall be nominated to 
the Senate during the first ten days of its session. If rejected, said office shall im¬ 
mediately become vacant, and the Governor shall, without delay, make further nomi¬ 
nations, until a confirmation takes place. But should there be no confirmation during 
the session of the Senate, the Governor shall not thereafter appoint any person to 
fill such vacancy who has been rejected by the Senate; but may appoint some 
other person to fill the vacancy until the next session of the Senate, or until the 
regular election to said office, should it sooner occur. Appointments to vacancies in 
offices elective by the people shall only continue until the first general election 
thereafter. 

SEC. 13. During the session of the Legislature the Governor shall reside where 
its sessions are held, and at all other times at the Seat of Government, except when, 
by act of Legislature, he may be required or authorized to reside elsewhere. 

SEC. 14. Every bill which shall have passed both Houses of the Legislature 

shall be presented to the Governor for his approval. If he approves he shall sign it: 
but if he disapprove it, he shall return it, with his objections, to the House in which 
it originated, which House shall enter the objections at large upon its journal, and 
proceed to reconsider it. If. after such reconsideration, two-thirds of the members 
present agree to pass the bill, it shall be sent, with the objections, to the other 
House, by which likewise it shall he reconsidered; and if approved by two-thirds of 
the members of that House, it shall become a law; but in such cases the votes of 

both Houses shall be determined by yeas and nays, and the names of the members 

voting for and against the bill shall be entered on the journal of each House re¬ 
spectively. If any bill shall not be returned by the Governor with his objections 
within ten days (Sundays excepted) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed it, unless the Legislature, 
by its adjournment, prevent its return; in which case it shall be a law, unless he 
shall file the same, with his objections, in the office of the Secretary of State, and 
give notice thereof by public proclamation, within twenty days after such adjournment. 
If any bill presented to the Governor contains several items of appropriation, he may 
object to one or more of such items, and approve the other portion of the bill. In 
such case he shall append to the bill, at the time of signing it, a statement of the 
items to which he objects, and no item so objected to shall take effect. If the Legis¬ 
lature be in session he shall transmit to the House in which the bill originated a copy 
of such statement, and the items objected to shall be separately considered. If, on 
reconsideration, one or more of such items be approved by two-thirds of the members 
present of oach House, the same shall be part of the law, notwithstanding the ob- 


CIVICS: TEXAS AND FEDERAL 


173 


provisions, and limitations shall apply thereto as prescribed in the last preceding 
section in the case of a bill. 

SEC. 16. There shall also he a Lieutenant-governor, who shall be chosen at 
every election for Governor by the same electors, in the same manner, continue In 
office the same time, and possess the same qualifications. The electors shall 
distinguish for whom they vote as Governor and for whom as Lieutenant-governor. 
The Lieutenant-governor shall by virtue of his office be President of the Senate, and 
shall have, when in Committee of the Whole, a right to debate and vote on all ques¬ 
tions; and when the Senate is equally divided, to give the casting vote. In case of 
the death, resignation, removal from office, inability, or refusal of the Governor 
to serve, or of his impeachment or absence from the State, the Lieutenant-governor 
shall exercise the powers and authority anpertaining to the office of Governor until 
another be chosen at the periodical election, and be duly qualified; or until the 
Governor impeached, absent, or disabled, shall be acquitted, return, or his disabilitj 
be removed. 

SEC. 17. If, during the vacancy in the office of Governor, the Lieutenant-gov¬ 
ernor should die, resign, refuse to serve, or be removed from office, or be unable to 
serve, or if he shall be impeached or absent from the State, the President of tho 
Senate, for the time being, shall, in like manner, administer the government until he 
shall be superseded by a Governor or Lieutenant-governor. The Lieutenant-governor 
shall, while he acts as President of the Senate, receive for his services the same 
compensation and mileage which shall be allowed to the members of the Senate, 
and no more; and during the time he administers the government, as Governor, he 
shall receive in like manner the same compensation which the Governor would have 
received had he been employed in the duties of his office, and no more. The Presi¬ 
dent, for the time being, of the Senate, shall, during the time he administers the 
government, receive in like manner the same compensation which the Governor would 
have received had he been employed in the duties of his office. 

SEC. 18. The Lieutenant-governor or President of the Senate succeeding to tho 
office of Governor shall, during the entire term to which he may succeed, be under 
all the restrictions and inhibitions imposed in this Constitution on the Governor. 

SEC. 19. There shall be a Seal of the State, which shall be kept by the Sec¬ 
retary of State, and used by him officially under the direction of the Governor. The 
Seal of the State shall be a star of five points, encircled by olive and live-oak 
branches, and the words, "The State of Texas.” 

SEC. 20. All commissions shall be in the name and by the authority of the 
State of Texas, sealed with the State seal, signed by the Governor, and attested by 
the Secretary of State. 

SEC. 21. There shall he a Secretary of State, who shall be appointed by the 
Governor, by and with tho advice and consent of the Senate, and who shall continue 
in office during the term of service of the Governor. He shall authenticate the pub¬ 
lication of the laws, and keep a fair register of all official acts and proceedings 
of the Governor, and shall, when required, lay the same, and all papers, minutes, 
and vouchers relative thereto, before the Legislature, or either House thereof, and 
shall perform such other duties as may be required of him by law. He shall receive 
for his services an annual salary of two thousand dollars, and no more. 

SEC. 22. The Attorney-general shall hold his office for two years, and until 

his successor is duly qualified. He shall represent the State in all suits and pleas 

in the Supreme Court of the State in which the State may be a party, and shall 

especially inquire into the charter rights of all private corporations, and from tim >. 

to time, in the name of the State, take such action in the courts as may be proper 
and necessary to prevent any private corporation from exercising any power or de¬ 
manding or collecting any species of taxes, tolls, freight, or wharfage, not authorized 
by law. He shall whenever sufficient cause exists, seek a judicial forfeiture of such 
charters, unless otherwise expressly directed by law, and give legal advice in writing 
to the Governor and other Executive Officers, when requested by them, and perform 
such other duties as may be required by law. He shall reside at the Seat of Gov¬ 
ernment during liis continuance in office. He shall receive for his services an annual 
salary of two thousand dollars, and no more, besides such fees as may be prescribed 
by law; provided, that the fees which he may receive shall not amount to more than 
two thousand dollars annually 

SEC. 23. The Comptroller of Public Accounts, the Treasurer, and the Commis¬ 
sioner of the General Land Office shall each hold office for the term of two years, 
and until his successor is qualified; receive an annual salary of two thousand and five 
hundred dollars, and no more; reside at the capital of the State during his continu¬ 
ance in office; and perform such duties as are or may be required of him by law. 
They and the Secretary of State shall not receive to their own use any fees, costs, or 
perquisites of office. All fees that may be payable by law for any service performer* 
by any officer specified in this section, or in his office, shall be paid, when received, 
into the State treasury. 


174 CIVICS: TEXAS AND FEDERAL 


Sections of the Governor. If any such bill, containing several items of appropriation, 
not having been presented to the Governor ten days (Sundays excepted) prior to ad¬ 
journment, be in the hands of the Governor at the time of adjournment, he shall 
have twenty days from such adjournment \vithin which to file objections to any items 
thereof and make proclamation of the same, and such item or items shall not take 
effect. 

SEC. 15. Every order, resolution, or vote to which the concurrence of both 
Houses of the Legislature may be necessary, except on questions of adjournment, shall 
be presented to the Governor, and, before it shall take effect, shall be approved by 
him; or, being disapproved, shall be repassed by both Houses; and all the rules, 

SEC. 24. An account shall be kept by the officers of the Executive Department, 
and by all officers and managers of State institutions, of all moneys and choses in 
action received and disbursed or otherwise disposed of by them, severally, from all 
sources, and for every service performed; and a semi-annual report thereof shall be 
made to the Governor under oath. The Governor may, at any time require information 
in writing from any and 'all of said officers or managers, upon any subject relating 
to the duties, condition, management, and expenses of their respective offices and in¬ 
stitutions, which information shall be required by the Governor under oath, and the 
Governor may also inspect their books, accounts, vouchers, and public funds; and any 
officer or manager who, at any time, shall wilfully make a false report, or give false 
information, shall be guilty of perjury, and so adjudged and punished accordingly, and 
removed from office 

• SEC. 25. The Legislature shall pass efficient laws facilitating the investigation of 
breaches of trust and duty by all custodians of public funds, and providing for their 
suspension from office on reasonable cause shown, and for the appointment of tempo¬ 
rary incumbents of their offices during such suspension. 

SEC. 26. The Governor, by and with the advice and consent of two-thirds of the 
Senate, shall appoint a convenient number of notaries public for each county, who 
shall perform such duties as now are or ma.v be prescribed by law. 

ARTICLE V. 

JUDICIAL DEPARTMENT. 

SECTION 1. The judicial powers of this State shall be vested in one Supreme 
Court, in Courts of Civil Appeals, in a Court of Criminal Appeals, in District Courts, 
in County Courts, in Commissioners’ Courts, in Courts of Justices of the Peace, and 
in such other Courts as may be provided by law'. The Criminal District Court of Gal¬ 
veston and Harris counties shall continue with the district jurisdiction, and organization 
now existing by law until otherwise provided by law The Legislature may establish 
such other courts as it may deem necessary, and prescribe the jurisdiction and organi¬ 
zation thereof, and may conform the jurisdiction of the district and other inferior 
courts thereto. 

SEC. 2. The Supreme Court shall consist of a Chief Justice and two Associate Jus¬ 
tices, any two of whom shall constitute a quorum, and the concurrence of two judges 
shail he necessary to the decision of a case. No person shall be eligible to the office 
of Chief Justice or Associate Justice of the Supreme Court unless he be. at the time 
of his election, a citizen of the United States and of this State, and unless he shall 
have attained the age of thirty years, and shall have been a practicing lawyer or a 
judge of a court, or such lawyer and judge together, at least seven years. Said Chief 
Justice and Associate Justices shall be elected by the qualified voters of the State at 
a general election, shall hold their offices six years or until their successors are 
elected and qualified, and shall each receive an annual salary of four thousand dol¬ 
lars until otherwise provided by law. In case of a vacancy in the office of Chief Jus¬ 
tice of the Supreme Court, the Governor shall fill the vacancy until the next gener.l 
election for State officers, and at such general election the vacancy for the unexpired 
term shall be filled by election by the qualified voters of the State. The judges of 
the Supreme Court who may be in office at the time this amendment takes effect shall 
continue in office until the expiration of their term of office under the present Con¬ 
stitution, and until their successors are elected and qualified. 

SEC. 3. The Supreme Court shall have appellate jurisdiction only, except as 

herein specified, which shall be co-extensive with the limits of the State. Its appel¬ 

late jurisdiction shall extend to questions of law arising in cases in which the Courts of 
Civil Appeals have appellate jurisdiction, under such restrictions and regulations as 
the Legislature may prescribe. Until otherwise provided by law, the appellate juris¬ 
diction of the Supreme Court shall extend to questions of law arising in the cases 
in the Courts of Civil Appeals in w'hich the judges of any Court of Civil Appeals 
may disagree, or where the several Courts of Civil Appeals may hold 

differently on the same question of law, or where a statute of the 

State is held void. The Supreme Court and the justices thereof shall 


CIVICS: TEXAS AND FEDERAL 


175 


hav® power to issue writs of habeas corpus as may be prescribed by law, and 
under such regulations as may be prescribed by law the said courts and the 
justices thereof may issue the writs of mandamus, procedendo, certiorari, and such 
other writs as may be necessary to enforce its jurisdiction. The Legislature may 
confer original jurisdiction on the Supreme Court to issue writs of quo warranto 
and mandamus in such cases as may be specified, except as against the Governor 
of the State. The Supreme Court shall also have power, upon affidavit or otherwise, 
as by the court may be determined, to ascertain such matters of fact as may be 
necessary to the proper exercise of its jurisdiction. The Supreme Court shall sit 
for the transaction of business from the first Monday in October of each year until 
the last Saturday of June in the next year, inclusive, at the capital of the State. 
The Supreme Court shall appoint a clerk, who shall give bond in such manner as 
is now or may hereafter be required by law, and he may hold his office for foui 
years, and shall be subject to removal by said court for good cause, entered of 
record on the minutes of said court, who shall receive such compensation as the 
Legislature may provide. 

SEC. 4. The Court of Criminal Appeals shall consist of three judges, any two 
of whom shall constitute a quorum, and the concurrence of two judges shall be 

necessary to a decision of said court: said judges shall have the same qualifications 
and receive the same salaries as the judges of the Supreme Court. They shall be 
elected by the qualified voters of the State at a general election, and shall hold 
their offices for a term of six years. In case of a vacancy in the office of a judge 
of the Court of Criminal Appeals, the Governor shall fill such vacancy by appointment 
for the unexpired term The judges of the Court of Appeals who may be in office 
at the time when this amendment takes effect shall continue in office until the 
expiration of their term of office under the present Constitution and laws as judges 
of the Court of Criminal Appeals. 

SEC. 5. The Court of Criminal Appeals shall have appellate jurisdiction co¬ 

extensive with the limits of the State in all criminal cases of whatever grade, 
with such exceptions and under such regulations as may be prescribed by law The 
Court of Criminal Appeals and the judges thereof shall have the power to issue 
the writ of habeas corpus, and, under such regulations as may be prescribed by 

law, issue such writs as may be necessary to enforce its own jurisdiction. The 

Court of Criminal Appeals shall have power, upon affidavit or otherwise, to ascertain 
such matters of fact as may be necessary to the exercise of its jurisdiction. The 
Court of Criminal Appeals shall sit for the transaction of business from the first 

Monday in October to the last Saturday of June in each year, at the State 

capital and two other places (or the capital city), if the Legislature shall hereafter 

so provide. The Court of Criminal Appeals shall anpoint a clerk at such place 
at which it may sit, and each clerk shall give bond in such manner as is now 

or may hereafter be required by law. and who shall hold his office for four years 

unless sooner removed by the court for good cause, entered of record on the minutes 
of said court. 

SEC. 6. The Legislature shall, as soon as practicable after the adoption of 

this amendment, divide the State into not less than two nor more than three su¬ 
preme judicial districts, and thereafter into such additional districts as the in¬ 
crease of population and business may require, and shall establish a Court of 

Civil Appeals in each of said districts, which shall consist of a Chief Justice and 
two Associate Justices, who shall have the qualifications as herein prescribed for 
justices of the Supreme Court. Said Court of Civil Appeals shall have appellate 

jurisdiction co-extensive with the limits of their respective districts, which shall 
extend to all civil cases of which the District Courts or County Courts have origi¬ 
nal or appellate jurisdiction, under such restrictions and regulations as may be 
prescribed by law: provided, that the decision of such courts shall be conclusive of 
all questions of fact brouvht before them on appeal or error. Each of said Courts 
of Civil Appeals shall hold its sessions at a place in its district to be designated 
by the Legislature, and at such time as may be prescribed by law. Said justices 
shall be elected by the qualified voters of their respective districts, at a general 
election, for a term of six years, and shall receive for their sendees the sum of three 
thousand five hundred dollars per annum until otherwise provided by law. Said 
courts shall have such other jurisdiction, original and appellate, as may be pre¬ 
scribed by law. Each Court of Civil Appeals shall appoint a clerk, in the same 
manner as the clerk of the Supreme Court, which clerk shall receive such com¬ 
pensation as may be fixed by-law. L T ntil the organization of the Courts of Civil 
Appeals and Criminal Appeals, as herein provided for, the jursidiction, power, 
and organization and location of the Supreme Court, the Court of Appeals, and the 
Commission of Appeals shall continue as they were before the adoption of this 
amendment. All civil cases which may be pending in the Court of Appeals shall, as 
soon as practicable after the. organization of the Courts of Civil Appeals, be certi¬ 
fied to and the records thereof transmitted to the proper Courts of Civil Appeals, 


176 


CIVICS: TEXAS AND FEDERAL 


to be decided by said courts. At the first session of the Supreme Court, the Court 
of Criminal Appeals, and such of the Courts of Civil Appeals which may be 
hereafter created under this Article after the first election of the judges of such 
courts under this amendment, the terms of office of the judges of each court shall 
be divided into three classes, and the justices thereof shall draw for the different 
classes. Those who shall draw class No. 1 shall hold their offices for two years, 
those drawing class No. 2 shall hold their offices for four years, and those who 
may draw class No. 3 shall hold their offices for six years from the date of their 
election and until their successors are elected and qualified; and thereafter each 
of the said judges shall hold their office for six years, as provided by this Con¬ 
stitution. 

SEC. 7. The State shall be divided into as many judicial districts as may 
now or hereafter be provided by law, which may be increased or diminished by 
law. For each district there shall be elected by the qualified voters thereof, at a 
general election, a judge, who shall be a citizen of the United States and cf this 
State; who shall have been a practicing lawyer of this State or a judge of a court in this 
State for four years next preceding his election; who shall have resided in the district in 
which he was elected for two years next preceding his election; who shall reside in his dis¬ 
trict during his term of office; who shall hold his office for the period of four years, 
and shall receive for his sendees an annual salary of two thousand five hundred 
dollars, until otherwise changed by law. He shall hold the regular terms of his 
court at the county seat of each county in his district at least twice in each year, 
in such manner as may be prescribed by law. The Legislature shall have power 
by general or special laws, to authorize the holding of special terms of the court, 
or the holding of more than two terms in any county, for the dispatch of busi¬ 
ness. The Legislature shall also provide for the holding of District Court when 
the judge thereof is absent, or is from any cause disabled or disqualified from 
presiding. The District Judges who may be in office when this amendment takes 
effect shall hold their offices until their respective terms shall expire under their 
present election or appointment. 

SEC. 8. The District Court shall have original jurisdiction of all criminal 
cases of the grade of felony; in all suits in- behalf of the State to recover penalties, 
forfeitures and escheats; of all cases of divorce; of all misdemeanors involving 
official misconduct; of all suits to recover damages for slander or defamation of 
character; of all suits for trial of title to land and for the enforcement of liens 
thereon; of all suits for the trial of the right of property levied upon by virtue of 
any writ of execution, sequestration, or attachment when the property levied 
on shall be equal to or exceed in value five hundred dollars; of all suits, com¬ 
plaints, or pleas whatever without regard to any distinction between law and equity, 
when the matter in controversy shall be valued at or amount to five hundred dollars, 
exclusive of interest: of contested elections; and said court and the judges thereof 
shall have power to issue writs of habeas corpus, mandamus, injunction, and certiorari, 
and all writs necessary to enforce their jurisdiction. The District Court shall havo 
appellate jurisdiction and general control in probate matters over the County Court 
established in each county, for appointing guardians, granting letters testamentary 
and of administration, probating wills, for settling the accounts of executors, ad¬ 
ministrators, and guardians, and for the transaction of all business appertaining 
to estates; and original jurisdiction and general control over executors, adminis¬ 
trators, guardians, and minors, under such regulations as may be prescribed by 
law. The District Court shall have appellate jurisdiction and general supervisory 
control over the County Commissioners' Court, with such exceptions and under such 
regulations as may be prescribed by law; and shall have general original jurisdiction 
over all causes of action whatever for which a remedy or jurisdiction is not provided 
by law or this Constitution, and such other jurisdiction, original and appellate, 
as may be provided by law. 

Amendments of Sections 1, 2, 3, 4, 5, 6, 7, 8, (Art. V). declared adopted 
September 22, 1891. 

SEC. 9. There shall be a clerk for the District Court of each county, who 
shall be elected by the qualified voters for the State and county officers, and who 
shall hold his office for two years, subject to removal by information, or by in¬ 
dictment of a grand jury, and conviction by a petit jury. In case of vacancy 

the judge of the District Court shall have the power to appoint a clerk, who shall 
hold until the office can be filled by election. 

SEC. 10. In the trial of all causes in the District Courts, the plaintiff or 

defendant shall, upon application made in open court, have the rislit of trial by 

jury; but no jury shall be impaneled in any civil case unless demanded by a party 
to the case, and a jury fee be paid by the party demanding a jury, for such sum, 
and with such exceptions as may be prescribed by the Legislature. 

SEC. 11. No judge shall sit in any case wherein he may be interested, or 

when either of the parties may be connected with him either by affinity or con¬ 
sanguinity, within such a degree as may be prescribed by law, or when he shall 


CIVICS: TEXAS AND FEDERAL 


177 


have been counsel in the case. When the Supreme Court, the Court of Criminal 
Appeals, the Court of Civil Appeals, or any member of either, shall be thus dis¬ 
qualified to hear and determine any case or cases in said court, the same shall 
be certified to the Governor of the State, who shall immediately commission the 
requisite number of persons learned in the law, for the trial and determination 
of such cause or causes. When a judge of the District Court is disqualified by 
any of the causes above stated, the parties may, by consent, appoint a proper per¬ 
son to try said case; or, upon their failing to do so, a competent person may be 
appointed to try the same in the county where it is pending, in such manner 
as may be prescribed by law. And the District Judges may exchange districts, or 
hold courts for each other, when they may deem it expedient, and shall do so when 
required by law. This disqualification of judges of inferior tribunals shall be reme¬ 
died, and vacancies in their offices filled as may be prescribed by law. 

SEC. 12. All judges of courts of this State [shall], by virtue of their office, 
be conservators of the peace throughout the State. The style of all writs and 
process shall be “The State of Texas.” All prosecutions shall be carried on in the 

name and by the authority of “The State of Texas,” and shall conclude “against 

the peace and dignity of the State.” 

Amendment of Sections 11 and 12, (Art. V), declared adopted September 22, 1891. 

SEC. 13. Grand and petit juries in the District Courts shall be composed of 
twelve men; but nine members of a grand jury shall be a quorum to transact busi¬ 
ness and present bills. Iu trials of civil cases, and in trials of criminal cases 

below the grade of felony, in the District Courts, nine members of the jury, con¬ 
curring. may render a verdict; but when the verdict shall be rendered by less 

than the whole number, it shall be signed by every member of the jury concurring 
in it. When, pending the trial of any case, one or more jurors, not exceeding three, 
may die, or be disabled from sitting, the remainder of the jury shall have the 

power to render the verdict; provided, that the Legislature may change or modify 
the rule authorizing less than the whole number of the jury to render a verdict. 

SEC. 14. The judicial districts in this State and the time of holding the 

courts therein are fixed by ordinance forming part of this Constitution, until other¬ 
wise provided by law. 

SEC. 15. There shall be established in each county in this State a County 

Court, which shall be a court of record; and there shall be elected in eadh county, 
by the qualified voters, a County Judge, who shall be well informed in the law of 
the State; shall be a conservator of the peace, and shall hold his office for two 
years; and until his successor shall be elected and qualified. He shall receive as 

a compensation for his services such fees and perquisites as may be prescribed 
by law. 

SEC. 16. The County Court shall have original jurisdiction of all misde¬ 

meanors, of which exclusive original jurisdiction is not given to the Justice’s 
Courts, as the same is now or may hereafter be prescribed by law. and when the 
fine to be imposed shall exceed two hundred dollars; and they shall have exclusive 
jurisdiction in all civil cases when the matter in controversy shall exceed in value 
two hundred dollars, and not exceed five hundred dollars, exclusive of interest; and 
concurrent jurisdiction with the District Court, when the matter in controversy 

shall exceed five hundred dollars and not exceed one thousand dollars, exclusive 
of interest; but shall not have jurisdiction of suits for the recovery of land. They 
shall have appellate jurisdiction in cases, civil and criminal, of which Justice's 
Courts have original jurisdiction, but of such civil cases only when the judgment 
of the court appealed from shall exceed twenty-dollars, exclusive of costs, under 

such regulations as may be prescribed by law. In all appeals from Justice’s Courts, 
there shall be a trial de novo in the County Court, and appeals may be prosecuted 
from the final judgment rendered in such cases by the County Court, as well as all 
cases, civil and criminal, of which the County Court has exclusive or concurrent 
or original jurisdiction (of civil appeals) in civil ^ases to the Court of Civil Appeals, 
and in such criminal cases to the Court of Criminal Appeals, with such exceptions 
and under such regulations as may be prescribed by law. The County Court shall 
have the general jurisdiction of a Probate Court. They shall probate wills, appoint 
guardians of minors, idiots, lunatics, persons non compos mentis, and common 
drunkards, grant letters testamentary and of administration, settle accounts of 
executors, administrators, and guardians, transact all business appertaining to the 
estates of deceased persons, minors, idiots, lunaj*es, persons non compos mentis, 

and common drunkards, including the settlement, partition, and distribution of 
estates of deceased persons, and to apprentice minors, ss provided by law; and the 
County Court, or judge thereof, shall have power to issue writs of injunction, 
mandamus, and all writs necessary to the enforcement oO the jurisdiction of said 
court; and to issue writs of habeas corpus in cases where the offense charged is 
within the jurisdiction of the County Court, or any other court or tribunal inferior 
to said court. The County Court shall not have criminal jurisdiction in any county 
where there is a Criminal District Court, unless expressly conferred by law; and in 


178 


CIVICS: TEXAS AND FEDERAL 


such counties appeals from Justice’s Courts and other inferior courts and tribunals, 
jn criminal cases, shall be to the Criminal District Court, under such regulations 
as may be prescribed by law, and in all such cases an appeal shall lie from such 
District Court to the Court of Criminal Appeals. When the judge of the County 

Court is disqualified in any case pending in the County Court, the parties interested 
may by consent appoint a proper person to try said case, or, upon their failing 
to do so, a competent person may be appointed to try the same in the county 

where it is pending, in such manner as may be prescribed by law. 

Amendment of Section 16, (Art. V.), declared adopted September 22, 1891. 

SEC. 17. The County Court shall hold a term for civil business at least once 
in every two months, and shall dispose of probate business, either in term-time or 
vacation, as may be provided by law; and said couit shall hold a term for criminal 
business once in every month, as may be provided by law. Prosecutions may be com¬ 
menced in said court by information filed by the County Attorney, or by affidavit, 
as may be provided by law. Grand juries impaneled in the District Courts shall 
inquire into misdemeanors, and all indictments therefor returned into the District 
Courts shall forthwith be certified to the County Courts, or other inferior courts 

having jurisdiction to try them, for trial; and if such indictment be quashed in the 

County or other inferior court, the person charged shall not be discharged if there 
is probable cause of guilt, but may be held by such court or magistrate to answer 
information or affidavit. A jury in the County Court shall consist of six men; but 
no jury shall be impaneled to try a civil case, unless demanded by one of the 
parties, who shall pay such jury fee therefor, in advance, as may be prescribed 
by law, unless he makes affidavit that he is unable to pay the same. 

SEC. 18. Each organized county in this State, now or hereafter existing, shall 
be divided from time to time, for the convenience of the people into precincts, not 
less than four and not more than eight. The present County Courts shall make the 
first division. Subsequent divisions shall be made by the Commissioners’ Court, 
provided for by this Constitution. In each such precinct there shall be elected, at 
each biennial election, one Justice of the Peace and one Constable, each of whom 
shall hold his office for two years, and until his successor shall be elected and 

qualified; provided, that in any precinct in which there may be a city of eight 

thousand or more' inhabitants, there shall be elected two Justices of the Peace. 
Each county shall in like manner be divided into four commissioners’ precincts, 
in each of which there shall be elected, by the qualified voters thereof, one County 
Commissioner, who shall hold his office for two years, and until his successor 

shall be elected and qualified. The County Commissioners so chosen, with the 
County Judge, as presiding officer, shall compose the County Commissioners' Court, 
which shall exercise such powers and jurisdiction over all county business as is 
conferred by this Constitution and the laws of this State, as may be hereafter 
prescribed. 

SEC. 19. Justices of the peace shall have jurisdiction in criminal matters of 
all cases where the penalty or fine to be imposed by law may not be more than for 
two hundred dollars, and in civil matters of all cases where the amount in con¬ 
troversy is two hundred dollars or less, exclusive of interest, of which exclusive 

original jurisdiction is not given to the District or County Courts; and such other 
jurisdiction, criminal and civil, as may be provided by law, under such regulations 
as may be prescribed by law; and appeals to the County Courts shall be allowed 
in all cases decided in Justice’s Courts where the judgment is for more than 

twenty dollars, exclusive of costs, and in all criminal cases, under such regula¬ 
tions, as may be prescribed by law. And the Justices of the Peace shall be ex-officio 
notaries public; and they shall hold their courts at such times and places as may 
be provided by law. 

SEC. 20. There shall be elected for each county, by the qualified vote's, a 

County Clerk, who shall hold his office for two year's, who shall be Clerk of the 
County and Commissioners’ Courts and Recorder of the county, whose duties, per¬ 
quisites. and fees of office shall be prescribed by the Legislature, and a vacancy 

in whose office shall be filled by the Commissioners’ Couit, until the next gene-al 
election for county and State officers; provided, that in counties having a population 

of less than eight thousand persons there may be an election of a single clerk, who 

shall perform the duties of District and County Clerks. 

SEC. 21. A County Attorney, for counties in which there is not a resident 

Criminal District Attorney, shall be elected by the qualified voters of each county, 
who shall be commissioned by the Governoi, and hold his office for the term of 

two years. In case of vacancy, the Commissioners’ Court of the county shall have 
power to appoint a County Attorney until the next general election. The County 
Attorneys shall represent the State in all cases in the District and inferior courts 
in their respective counties; but if any county shall be included in a district in 
which there shall be a District Attorney, the respective duties of District Attorneys 
and County Attorneys shall in such counties be regulated by the Legislature. The 
Legislature may provide for the election of District Attorneys in surh districts 


CIVICS: TEXAS AND FEDERAL 


179 


as may lje deemed necessary, and make provision for the compensation of District 
Attorneys and County Attorneys; provided, District Attorneys shall receive an annual 

salary of five hundred dollars, to be paid by the State, and such fees, commissions, 

and perquisites as may be provided by law. County Attorneys shall receive as com¬ 
pensation only such fees, commissions, and perquisites as may be prescribed by law. 

SEC. 22. The Legislature shall have power, by local or general law, to in¬ 
crease, diminish, or change the civil and criminal jurisdiction of County Courts; 
arid in cases of any such change of jurisdiction the Legislature shall also conform 
the jurisdiction of the other courts to such change. 

SEC. 23. There shall be elected by the qualified voters of each county a 

Sheriff, who shall hold his office for the term of two years, whose duties, and per¬ 
quisites, and fees of office shall be prescribed by the Legislature, and vacancies in 

whose office shall be filled by the Commissioners’ Court until the next general 

election for county or State officers. 

SEC. 24, County Judges, County Attorneys, Clerks of the District and County 
Courts, Justices of the Peace,. Constables, and other county officers, may be re¬ 
moved by the judges of the District Courts for incompetency, official misconduct, 
habitual drunkenness, or other causes defined by law, upon the cause therefor 

being set forth in writing, and the finding of its truth by a jury. 

SEC. 23. The Supreme Court shall have power to make and establish rules 

of procedure, not inconsistent with the laws of the State, for the government of said 
court, and other courts of this State, to expedite the dispatch of business therein. 

Amendment of Section 25, (Art. V), declared adopted September 22, 1891. 

SEC. 26. The State shall have no right of appeal in criminal cases. 

SEC. 27. The Legislature shall, at its first session, provide for the transfer 

of all business, civil and criminal, pending in District Courts, over which jurisdiction 
is given by this Constitution to the County Courts, or other inferior courts, to such 
County or inferior courts, and for the trial or disposition of all such causes by such 
County or other inferior courts. 

SEC. 28. Vacancies in the office of judges of the Supreme Court, the Court 
of Criminal Appeals, the Court of Civil Appeals, and District Courts, shall be filled 
by the Governor until the next succeeding general election; and vacancies in the 
office of County Judge, and Justices of the Peace, shall be filled by the Com¬ 
missioners' Court, until the next general election for such offices. 

Amendment of Section 28, (Art. V), declared adopted September 22, 1891. 

SEC. 29. The County Court shall hold at least four terms for both civil and 
criminal business annually, as may be provided by the Legislature, or by the Com¬ 
missioners’ Court of the county under authority of law, and such other terms each 
year as may be fixed by the Commissioners’ Court; provided, the Commissioners' 
Court, of any county having fixed the time and number of terms of the County 

Court, shall not change the same again until the expiration of one year. Said 
court shall dispose of probate business either in term-time or vacation, under suclj 
regulations as may be prescribed by law. Prosecutions may be commenced in said 
courts in such manner as is, or may be, provided by law, and a jury therein shvll 

consist of six men. Until otherwise provided, the terms of the County Court shall 

be held on the first Mondays in February, May, August, and November, and may 
remain in session three weeks. 

Amendment of Section 29, (Art. V), declared adopted September 25, 1883. 

ARTICLE VI. 

SUFFRAGE. 

/ 

SECTION 1. The following classes of persons shall not be allowed to vote in 
this State, to-wit: 

First. —Persons under twenty-one years of age. 

Second.—Idiots and lunatics. 

Third. —All paupers supported by any county. 

Fourth. —All persons convicted of any felony, subject to such exceptions as the 
Legislature may make. 

Fifth.—All soldiers, marines, and seamen employed in the service of the army 
or navy of the United States. 

SEC. 2. Every male person subject to none of the foresoing disqualifications, 
who shall have attained the age of tw r enty-one years, and w r ho shall be a citizen 
of the United States, and who shall have resided in this State one year next 
preceding an election, and the last six months within the district or county in 
which he offers to vote, shall be deemed a qualified elector; and every male person 
of foreign birth, subject to none of the foregoing disqualifications, who, at any time 
before an election, shall have declared his intention to become a citizen of the 
United States in accordance with the Federal Naturalization Laws, and shall have 
resided in this State one year next preceding such election, and the last six 


180 CIVICS: TEXAS AND FEDERAL 


months in the county in which he offers to vote, shall also be deemed a Qualified 
elector; and all electors shall vote in the election precinct of their residence; provided, 
that electors living in any unorganized county may vote at any election precinct in 
the county to which such county is attached for judicial purposes. 

SEC. 3. All qualified electors of the State, as herein described, who shall 

have resided for six months immediately preceding an election within the limits 
of any city or corporate town, shall have the light to vote for Mayor and all other 
elective offices; but in all elections to determine expenditure o f money or assumption 
of debt, only those shall be Qualified to vote who pay taxes on property in said city 
or incorporated town; provided, that no poll tax for the uayment of debts thus 

incurred shall be levied upon the persons debarred from voting in relation thereto. 

SEC. 4. In all elections by the people the vote shall be by ballot, and the 
Legislature shall provide for the numbering of tickets, and make such other regu¬ 
lations as may be necessary to detect and punish fraud, and preserve the purity 

of the ballot box; and the Legislature may provide by law for the registration 
of all voters in all cities containing a population of ten thousand inhabitants or 

more. 

Amendment of Sec. 4, (Art. YI), declared adopted September 22, 1891. 

SEC. 5. Voters shall, in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at elections, and in going 
to and returning therefrom. 

ARTICLE VII. 

EDUCATION.—THE PUBLIC FREE SCHOOLS. 

SECTION 1. A general diffusion of knowledge being essential to the preserva- 
t’’on of the liberties and rights of the people, it shall be the duty of the Legislature 
of the State to establish and make suitable provision for the support and maintenance 
of an efficient system of public free schools. 

SEC. 2. All funds, lands, and other property heretofore set, apart and appro- 
propriated for the support of public schools, all the alternate sections of land 
reserved by the State out of grants heretofore made, or that may hereafter be made, 
to railroads, or other corporations, of any nature whatsoever; one-half of the public 
domain of the State; and all sums of money that may come to the State from the 
sale of any portion of the same, shall constitute a perpetual school fund. 

SEC. 3. One-fourth of the revenue derived from the State occupation taxes 
and a poll tax of one dollar on every male inhabitant of this State between the 
ages of twenty-one and sixty years shall be set apart annually for the benefit of 
the public free schools, and in addition thereto there shall be levied and collected 
an annual ad valorem State tax of such an amount, not to exceed twenty cents on 
the one hundred dollars valuation, as with the available school fund arising from 
all other sources, will be sufficient to maintain and support the public free schools 
of this State for a period of not less than six months in each year, and the legis¬ 
lature may also provide for the formation of school districts by general or special 
law, without the local notice required in other cases of special legislation, and all 
such school districts, whether created by general or special law, may embrace paits 
of two or more counties. And the Legislature shall be authorized to pass laws for 
the assessment and collection of taxes in all said districts and for the management 
and control of the public school or schools of such districts, whether such districts 
are composed of territory wholly within a county or in parts of two or more counties. 
And the Legislature may authorize an additional ad valorem tax to be levied and 
collected within all school districts heretofore formed or hereafter formed, for the 
further maintenance of public free schools, and the erection and equipment of school 
buildings therein, provided that a majority of the qualified property tax-paying 
voters of the district voting at an election to be held for that purpose, shall vote 
such tax, not to exceed in any one year fifty cents on the one hundred dollars 
valuation of the property subject to taxation in such district, but the limitation 
upon the amount of school district tax herein authorized shall not apply to incor¬ 
porated cities or towns constituting separate and independent school districts. 

SEC. 3a. Every school district heretofore formed, whether formed under the 
general law or by special act, and whether the territory embraced within its boun¬ 
daries lies wholly within a single county or partly in two or more counties, is 
hereby declared to be. and from its formation to have been, a valid and lawful 
district. 

All bonds heretofore issued by any such districts which have been approved 
by the Attorney General and registered by the Comptroller are hereby declared to be, 
and at the time of their issuance to have been, issued in conformity with the Con¬ 
stitution and laws of this State, and any and all such bonds are hereby in all 
things validated and declared to be valid and binding obligations upon the district 
or districts issuing the same. 


CIVICS: TEXAS AND FEDERAL 


181 


Each such district Is hereby authorized to, and shall, annually levy and collect 
an ad valorem tax sufficient to pay the interest on all such bonds and to provide 
a sinking fund sufficient to redeem the same at maturity, not to exceed such a rata 
as may be provided by law under other provisions of this Constitution. 

And all trustees heretofore elected in districts made up of more than ono 
county are hereby declared to have been duly elected, and shall be and are hereby 
named as trustees of their respective districts, with power to levy the taxes herein 
authorized until their successors shall be duly elected and qualified as is or may 
be provided by law. 

Third Amendment of Section 3, (Art. VII), declared adopted September 24, 190!*. 

SEC. 4. The land herein set apart to the public free school fund shall be sold 
under such regulations, at such times, and on such terms as may be prescribed 
by law, and the Legislature shall not have power to grant any relief to purchasers 
thereof. The Comptroller shall invest the proceeds of such sales and of those here¬ 
tofore made as may be directed by the Board of Education herein provided for, in 
the bonds of the United States, the State of Texas or counties In said State, or in 
such other securities and under such restrictions as may be prescribed by law; 
and the State shall be responsible for all investments. 

SEC. 5. The principal of all bonds and other funds, and the principal arising 
from the sale of the lands hereinbefore set apart to said school fund, shall be the per¬ 
manent school fund; and all interest derivable therefrom and the taxes herein 
authorized and levied shall be the available school fund, to which the Legislature 
may add not exceeding one per cent annually of the total value of the permanent 
school fund; such value to be ascertained by the Board of Education until other¬ 
wise provided by law; and the available school fund shall be applied annually 
to the support of the public free schools. And no law shall ever be enacted appro¬ 
priating any part of the permanent or available school fund to any other purpose 
whatever; nor shall the same or any part thereof ever be appropriated to or used 
for the support of any sectarian school; and the available school fund herein 
provided shall be distributed to the several counties according to their scholastic 
population, and applied in such manner as may be provided by law. 

SEC. 6. All lands heretofore or hereafter granted to the several counties of this 
State for educational purposes are of right the property of said counties, respectively, 
to which they were granted, and title thereto is vested in said counties, and no 
adverse possession .or limitation shall ever be available against the title of any 
county. Each county may sell or dispose of its lands in whole or in part, in manner 
to be provided by the commissioners’ court of the county. Actual settlers residing 
on said lands shall be protected in their prior right of purchasing the same, to the 
extent of their settlement, not to exceed one hundred and sixty acres, at the price 
fixed by said court, which price shall not include the value of existing improvements 
made thereon by such settlers. Said lands and the proceeds thereof when sold 
shall be held by said counties alone as a trust for the benefit of public schools 
therein, said proceeds to be invested in bonds of the United States, the State of 
Texas or counties in said State, or In such other securities and under such 
restrictions as may be prescribed by law; and the counties shall be responsible for 
all investments: the interest thereon and other revenue, except the principal, shall 

be available fund. 

Amendment of Section 6, (Art. VII), declared adopted September 25. 1883. 

SEC. 7 . Separate schools shall be provided for the white and colored chil¬ 

dren, and impartial provision shall be made for both. 

SEC. 8. The Governor, Comptroller and Secretary of State shall constitute a 
Board of Education, who shall distribute said funds to the several counties and 
perform such other duties concerning public schools as may be prescribed by law. 

ASYLUMS. 

SEC. 9. All lands heretofore granted for the benefit of the Lunatic, Blind, 

Deaf and Dumb, and Orphan Asylums, together with such donations as may have 
been or may hereafter be made to either of them, respectively, as indicated in the 
several grants, are hereby set apart to provide a permanent fund for the support, 
maintenance, and improvement of said asylums. And the Legislature may provide 
for the sale of the lands and the investment of the proceeds in manner as provided 

for the sale and investment of school lands in Section 4 of this Article. 

UNIVERSITY. 

SEC. 10. The Legislature shall, as soon as practicable, establish, organize, and 
provide for the maintenance, support, and direction of a university of the first class, 
to be located by a vote of the people of this State, and styled “The University of 
Texas,” for the promotion of literature, and the arts and sciences, including an 
agricultural and mechanical department 


182 


CIVICS: TEXAS AND FEDERAL 


SEC. 11. In order to enable the Legislature to perform the duties set forth 
in the foregoing section, it is hereby declared that all lands and other property 
heretofore set apart and appropriated for the establishment and maintenance of "The 
University of Texas," together with all the proceeds of sales of the same, heretofore 
made or hereafter to be made and all grants, donations, and appropriations that may 
hereafter be made by the State of Texas, or from any other source, shall constitute 
and become a permanent university fund. And the same as realized and received 
into the treasury of the State (together with such sums belonging to the fund, 
as may now be in the treasury) shall be invested in bonds of the State of Texas, 
if the same can be obtained; if not, then in United States bonds; and the interest 
accruing thereon shall be subject to appropriation by the Legislature to accomplish 
the purpose declared in the foregoing section: provided, that the one-tenth of the 
alternate sections of the lands granted to railroads, reserved by the State, which 
were set apart and appropriated to the establishment of "The University of Texas,” 
by an act of the Legislature of February 11, 1858, entitled "An act to establish 
'The University of Texas,' " shall not be included in or constitute a part of the 
permanent university fund. 

SEC. 12. The land herein set apart to the university fund shall be sold under 
such regulations, at such times, and on such terms, as may be provided by law; 
and the Legislature shall provide for the prompt collection, at maturity, of all debts 
due on account of university lands, heretofore sold, or that may hereafter be sold, 
and shall in neither event have the power to grant relief to the purchasers. 

SEC. 13. The Agricultural and Mechanical College of Texas, established by an 
act of the Legislature, passed April 17, 1871, located in the county of Brazos, is 
hereby made and constituted a branch of the University of Texas, for instruction 
in agriculture, the mechanic arts, and the natural sciences connected therewith. 
And the Legislature shall, at its next session, make an appropriation not to exceed 
forty thousand dollars, for the construction and completion of the buildings and 
improvements, and for providing the furniture necessary to put said college in 
immediate and successful operation. 

SEC. 14. The Legislature shall also, when deemed practicable, establish and 
provide for the maintenance of a college or branch university for the instruction of the 
colored youths of the State, to be located by a vote of the people; provided, that no 
tax shall be levied, and no money appropriated out of the general revenue, either for 
this purpose or for the establishment and erection of the buildings of the University 
of Texas. 

SEC. 15. In addition to the lands heretofore granted to the University of Texas, 
there is hereby set apart and appropriated, for the endowment, maintenance, and 
support of said University and its branches, one million acres of the unappropriated 
public domain of the State, to be designated and surveyed as may be provided by 
law; and said lands shall be sold under the same regulations, and the proceeds 
invested in the same manner, as is provided for the sale and investment of the 
permanent university fund; and the Legislature shall not have power to grant any 
relief to the purchasers of said lands. 


ARTICLE VIII. 

TAXATION AND REVENUE. 

SECTION 1. Taxation shall be equal and uniform. All property in this State, 
whether owned by natural persons or corporations, other than municipal, shall be 
taxed in proportion to its value, which shall be ascertained as may be provided by 
law. The Legislature may impose a poll tax. It may also impose occupation 
taxes, both upon natural persons and upon corporations, other than municipal, doing 
any business in this State. It may also tax incomes of both natural persons and 
corporations, other than municipal, except that persons engaged in mechanical and 
agricultural pursuits shall never be required to pay an occupation tax; provided, 
that two hundred and fifty dollars’ worth of household and kitchen furniture, 
belonging to each family in this State, shall be exempt from taxation; and provided 
further, that the occupation tax levied by any county, city, or town, for any year, 
on persons or corporations pursuing any profession or business, shall not exceed 
one-half of the tax levied by the State for the same period on such profession or 
business. 

SEC. 2. All Occupation taxes shall be equal and uniform upon the same class 
of subjects within the limits of the authority levying the tax, but the Legislature 
may, by general laws, exempt from taxation public property used for public purposes, 
actual places of religious worship, places of burial not held for private or corporate 
profit; all buildings used exclusively and owned by persons or associations of persons 
for school purposes and the necessary furniture of all schools, also the endowment 
funds of such institutions of learning and religion not used with a view to profit 


CIVICS: TEXAS AND FEDERAL 


183 


and when the same are invested in bonds or mortgages or in land or other property 
which has been and shall hereafter be bought in by such institution under fore¬ 
closure sales made to satisfy or protect such bonds or mortgages; that such ex¬ 
emption of such land and property shall continue only for two years after the 
purchase of the same at such sale by such institutions and no longer; and institu¬ 
tions of purely public charity; and all laws exempting property from taxation other 
than the property above mentioned shall be lull and void. 

Amendment of Section 2, (Art. VIII), adopted November 6, 1906. 

SEC. 3. Taxes shall be levied and collected by general laws and for public 
purposes only. 

SEC. 4. The power to tax corporations and corporate property shall not be 
surrendered or suspended by act of the Legislature, by any contract or grant to which 
the State shall be a party. 

SEC. 5. All property of railroad companies, of whatever description, lying or 
being within the limits of any city or incorporated town within this State, shall bear 
its proportionate share of municipal taxation; arid if any such property shall not 
have been heretofore rendered, the authorities of the city or town within which it 
lies shall have power to require its rendition, and collect the usual municipal tax 
thereon, as on other property lying within said municipality. 

SEC. 6. No money shall be drawn from the treasury but in pursuance of 
specific appropriations made by law; nor shall any appropriation of money be made 
for a longer term than two years, except by the first Legislature to assemble under 
this Constitution, which may make the necessary appropriations to carry on the 
government until the assemblage of the Sixteenth Legislature. 

SEC. 7. The Legislature shall not have power to borrow, or in any manner 
divert from its purpose, any special fund that may, or ought to, come into the 
treasury; and shall make it penal for any person or persons to borrow, withhold, 
or in any manner to divert from its purpose any special fund, or any part thereof. 

SEC. 8. All property of railroad companies shall be assessed, and the taxes 
collected in the several counties in which said property is situated, including so 
much of the road-bed and fixtures as shall be in each county. The rolling stock 
may be assessed in gross in the county where the principal office of the company 
is located, and the county tax paid upon it shall be apportioned by the Comptroller, 
in proportion to the distance such road may run through any such county, among 
the several counties through which the road passes, as a part of their tax assets. 

SEC. 9. The State tax on property, exclusive of the tax necessary to pay the 
public debt, and of the taxes provided for the benefit of the public free schools, 
shall never exceed thirty-five cents on the one hundred dollars valuation; and 

no county, city, or town shall levy more than twenty-five cents for city or county 

purposes, and not exceeding fifteen cents for roads and bridges, and not ex¬ 

ceeding fifteen cents to pay jurors, on the one hundred dollars valuation, exceDt 
for the payment of debts incurred prior to the adoption of the amendment Septem¬ 
ber 25th, 1883, and for the erection of public buildings, streets, sewers, water works 
and other permanent improvements, not to exceed twenty-five cents on the one hun¬ 
dred dollars valuation, in any one year, and except as is in this Constitution other¬ 
wise provided; and the Legislature may also authorize an additional annual ad 
valorem tax to be levied and collected for the further maintenance of the public 
reads; Provided, that a majority of the qualified property tax-paying voters of the 
county voting at an election to be held for that purpose shall vote such tax, not 
to exceed fifteen cents on the one hundred dollars valuation of the property sub¬ 
ject to taxation in such county. 

And the Legislature may pass local laws for the maintenance of the public 
roads and highways, without the local notice required for special or local laws. 

Second Amendment of Section 9, (Art. VIII), adopted November 6, 1906. 

SEC. 10. The Legislature shall have no power to release the inhabitants of, 
jr property in, any county, city, or town from the payment of taxes levied for 
ritate or county purposes, unless in case of great public calamity in any such 
county, city, or town, when such release may be made by a vote of two-thirds 

of each House of the Legislature. 

SEC. 11. All property, whether owned by persons or corporations, shall be 

assessed for taxation, and the taxes paid in the county where situated, but the 
Legislature may, by a two-thirds vote, authorize the payment of taxes of non¬ 

residents of counties to be made at the office of the Comptroller of Public Accounts. 
And all lands and other property not rendered for taxation by the owner thereof 
shall be assessed at its fair value by the proper officer. 

SEC. 12. All property subject to taxation in and owned by residents of unor¬ 
ganized counties, shall be assessed and the taxes thereon paid in the counties to 

which such unorganized counties shall be attached for judicial purposes; and 

lands lying in and owned by non-residents of unorganized counties, and lands 


184 


CIVICS: TEXAS AND FEDERAL 


lying in the territory, not laid off into counties, shall he assessed and the taxe» 

thereon collected at the ofifce of the Comptroller of the State. , 

SEC. 13. Provision shall be made by the first Legislature for the speeciy 
sale of a sufficient portion of all lands and other property for the taxes due 
thereon, and every year thereafter for the sale of all lands and other prop y 
upon which the taxes have not been paid, and the deed of conveyance to 
purchaser for all lands and other property thus sold shall be held to vest a good 
and perfect title in the purchaser thereof, subject to be impeached only for actual 
fraud; provided, that the former owner shall, within two years from date ot pui- 
chaser’s deed, have the right to redeem the land upon the payment of double tne 
amount of money paid for the land. 

SEC. 14. There shall be elected by the qualified electors of each county, 
at the same time and under the same law regulating the election of State and 

county officers, an assessor of taxes, who shall hold his office for two years, 
and until his successor is elected and qualified. 

SEC. 15. The annual assessment made upon landed property shall be a special 
lien thereon, and all property, both real and personal, belonging to any delinquent 
tax-payer, shall be liable to seizure and sale for the payment of all the taxes anil 
penalties due by such delinquent; and such property may be sold for the payment of 
the taxes and penalties due by such delinquent, under such regulations as the 
Legislature may" provide. 

SEC. 16. The sheriff of each county, in addition to his other duties,. shall 

be the collector of taxes therefor. But in counties having ten thousand inhabitants, 
to be determined by the last preceding census of the Lhiited States, a collector 

of taxes shall be elected to hold office for two years, and until his successor shall 


be elected and qualified. 

SEC. 17. The specification of the objects and subjects of taxation shall not 
deprive the Legislature of the power to require other subjects or objects to be. taxed 
in such manner as may be consistent with the principles of taxation fixed in this 
Constitution. 

SEC. 18. The Legislature shall provide for equalizing, as near as may be, 
the valuation of all property subject to or rendered for taxation (the County Com¬ 
missioners’ Court to constitute a board of equalization); and may also provide for 
the classification of all lands, with reference to their value in the several counties. 

SEC. 19. Farm products in the hands of the producer, and family supplies 
for home and farm use, are exempt from all taxation until otherwise directed by 
a two-thirds vote of all the members elect to both Houses of the Legislature. 

Amendment declared adopted October 14, 1879. 


ARTICLE IX 
COUNTIES. 

SECTION 1. The Legislature shall have power to create counties for the con¬ 
venience of the people, subject to the following provisions: 

First.—In the territory of the State exterior to all counties now existing, no 
new counties shall be created with a less area than nine hundred square miles, in 
a square form, unless prevented by pre-existing boundary lines. Should the State 
lines render this impracticable in border counties, the area may be less. The terri¬ 
tory referred to may, at any time, in whole or in part, be divided into counties 

in advance of population, and attached, for judicial and land-surveying purposes. 
*o the most convenient organized county or counties. 

Second.—Within the territory of any county or counties now existing, no new 

county shall be created with a less area than seven hundred square miles, nor 

shall any such county now existing be reduced to a less area than seven hundred 
square miles. No new counties shall be created so as to approach nearer than 
twelve miles of the county seat of any county from which it may, in whole or in 
part, be taken. Counties of a less area than nine hundred, but of seven hundred 
or more square miles, within counties now existing, may be created by a two-thirds 
vote of each House of the Legislature, taken by yeas and nays, and entered on the 
journals. Any county now existing may be reduced to an area of not less than 
seven hundred square miles, by a like two-thirds vote. When any part of a county 
is stricken off and attached to or created into another county, the part stricken 
off shall be holden for and obliged to pay its proportion of all the liabilities then 
existing of the county from which it was taken, in such manner as may be pre¬ 
scribed by law. 

Third.—No part of any existing county shall be detached from it and attached 
to another existing county until the proposition for such change shall have been 
submitted, in such manner as may be provided by law- to a vote of the electo'-s 


CIVICS: TEXAS AND FEDERAL 


185 


of both counties, and thall have received a majority of those voting on the question 
in each. 

COUNTY SEATS. 

SEC. 2. The Legislature shall pass laws regulating the manner of removing 
county seats, but no county seat situated within five miles of the geographical center 
of the county shall be removed, except by a vote of two-thirds of all the electors 
voting on the subject. A majority of such electors, however, voting at such election, 
may remove a county seat from a point more than five miles from the geographical 
center of the county to a point within five miles of such center, in either case the 
center to be determined by a certificate from the Commissioner of the General 
Land Office. 

ARTICLE X. 

RAILROADS. 

SECTION 1. Any railroad corporation or association, organized under the 
law for the purpose, shall have the right to construct and operate a railroad 
between any points within this State, and to connect at the State line with railroads 
»f other States. Every railroad company shall have the right, with its road, to 
intersect, connect with, or cross any other railroad; and shall receive and transport 
each the other’s passengers, tonnage, and cars, loaded or empty, without delay or 
discrimination, under such regulations as shall be prescribed by law. 

SEC. 2. Railroads heretofore constructed, or that may hereafter be constructed 
in this State, are hereby declared public highways, and railroad companies common 
carriers. The Legislature shall pass laws to regulate railroad freight and passenger tariffs, 
to correct abuses, and prevent unjust discrimination and extortion in the rates of 
freight and passenger tariffs on the different railroads in this State, and enforce 

the same by adequate penalties: and to the further accomplishment of these objects 
and purposes may provide and establish all requisite means and agencies, invested 
with such powers as may be deemed adequate and advisable. 

Amendment of Section 2, (Art. X), declared adopted December 10, 1890. 

SEC. 3. Every railroad or other corporation, organized or doing business 

in this State under the laws or authority thereof, shall have and maintain a 

public office or place in this State for the transaction of its business, where transfers 
of stock shall be made, and where shall be kept, for inspection by the stockholders 
of such corporations, books, in which shall be recorded the amount of capital 

stock subscribed, the names of the owners of the stock, the amounts owned by them 
respectively, the amount of stock paid, and by whom, the transfer of said stock, 
with the date of the transfer, the amount of its assets and liabilities, and the 

names and places of residence of its officers. The directors of every railroad 
company shall hold one meeting annually in this State, public notice of which 
shall bo given thirty days previously, and the president or superintendent shall 

report annually, under oath, to the Comptroller or Governor, their acts and doings, 
which report shall include such matters relating to railroads as may be prescribed 
by law. The Legislature shall pass laws enforcing by suitable penalties the pro¬ 

visions of this section. 

SEC. 4. The rolling stock and all other movable property belonging to any 

railroad company or corporation in this State, shall be considered personal property, 
and its real and personal property, or any part thereof, shall be liable to execution 
and sale in the same manner as the property of individuals; and the Legislature 
shall pass no laws exempting any such property from execution and sale. 

SEC. 5. No railroad or other corporation, or the lessees, purchasers, or 
managers of any railroad corporation, shall consolidate the stock, property, or fran¬ 
chises of such corporation with, or lease or purchase the works or franchises of, 
or in any way control any railroad corporation owning or having under its control 
a parallel or competing line; nor shall any officer of such railroad corporation 
act as an officer of any other railroad corporation owning or having the control of 
a parallel or competing line. 

SEC. 6. No railroad company organized under the laws of this State shall 

consolidate by private or judicial sale or otherwise with any railroad company or¬ 
ganized under the laws of any other State or of the United States. 

SEC. 7. No law shall Ire passed by the Legislature granting the right to con¬ 
struct and operate a street railroad within any city, town, or village, or upon any 
public highway, without first acquiring the consent of the local authorities having 
control of the street or highway proposed to be occupied by such street railroad. 

SEC. 8. No railroad corporation in existence at the time of the adoption of 

this Constitution shall have the benefit of any future legislation, except on condition 
of complete acceptance of all the provisions of this Constitution applicable to railroads. 

SEC. 9. No railroad hereafter constructed in this State shall pass within a 


186 


CIVICS: TEXAS AND FEDERAL 


distance of three miles of any county seat without passing through the same, and 
establishing and maintaining a depot therein, unless prevented by natural obstacles, 
such as streams, hills, or mountains; provided, such town or its citizens shall grant 
the right of way through its limits, and sufficient ground for ordinary depot 
purposes. 

ARTICLE XI. 

MUNICIPAL CORPORATIONS. 

SECTION 1. The several counties of this State are hereby recognized as legal 
subdivisions of the State. 

SEC. 2. The construction of jails, court-houses, and bridges, and the estab¬ 

lishment of county poorhouses and farms, and the laying out, counstruction, and 
lepairing of county roads shall be provided for by general laws. 

SEC. 3. No county, city, or other municipal corporation shall hereafter become 
a subscriber to the capital of any private corporation or association, or make any 
appropriation or donation to the same, or in any wise loan its credit; but this shall 
not be construed to in any way affect any obligation heretofore undertaken pur¬ 
suant to law. 

SEC. 4. Cities and towns having a population of five thousand inhabitants, or 
less, may be chartered alone by general law. • They may levy, assess, and collect 
an annual tax to defray the current expenses of their local government, but such 
tax shall never exceed, for any one year, one-fourth of one per cent., and shall be 
collectible only in current money. And all licenses and occupation taxes levied, 
and all fines, forfeitures, penalties, and other dues accruing to cities and towns, 
shall be collectible only in current money. 

SEC. 5. Cities having more than 5,000 inhabitants may by a majority vote of 
the qualified voters of said city, at an election held for that purpose, adopt or amend 

their charters, subject to such limitations as may be prescribed by the Legislature, 

and providing that no charter or any ordinance passed under said charter shall 
contain any provision inconsistent with the constitution of the State, or of the 

general laws enacted by the Legislature of this State; said cities may levy, assess 

and collect such taxes as may be authorized by law or by their charters; but no 

tax' for any purpose shall ever be lawful for any one year, which shall exceed 2% 

per cent of the taxable property of such city, and no debt shall ever be created 
by any city, unless at the same time provision be made to assess and collect annually 
a sufficient sum to pay the interest thereon and creating a sinking fund of at least 
2 per cent thereon; and provided further, that no city charter shall be altered, 
amended or repealed oftener than every two years.—Amendment of Section 5, (Art. XI), 
adopted Nov. 5, 1912. 

SEC. 6. Counties, cities, and towns are authorized, in such mode as may now 

or may hereafter be provided by law. to levy, assess, and collect the taxes necessary 

to pay the interest and provide a sinking fund to satisfy any indebtedness heretofore 
legally made and undertaken; but all such taxes shall be assessed and collected 

separately from that levied, assessed, and collected for current expenses of municipal 
government, and shall when levied specify in the act of levying the purpose thereof; 
and such taxes may be paid in the coupons, bonds, or other indebtedness for the 
payment of which such tax may have been levied. 

SEC. 7. All counties and cities bordering on the coast or the Gulf of Mexico 

are hereby authorized, upon a vote of two-thirds of the tax-payers therein (to be 

ascertained as may be provided by law), to levy and collect such tax for construc¬ 
tion of sea-walls, breakwaters, or sanitary purposes, as may be authorized by 
law, and may create a debt for such works and issue bonds in evidence thereof. 

But no debt for any purpose shall ever be incurred in any manner by any city 

or county, unless provision is made, at the time of creating the same, for levying 
and collecting a sufficient tax to pay the interest thereon and provide at least two 
per cent, as a sinking fund; and the condemnation of the right of w r ay fcr the 

erection of such works shall be fully provided for. 

SEC 8 The counties and cities on the Gulf coast being subject to calamitous 
overflows, and a very large proportion of the general revenue being derived from those 
otherwise prosperous localities, the Legislature is especially authorized to aid by 
donation of such portion of the public domain as may be deemed proper, and in such 
mode as may be provided by law, the construction of sea-walls, or breakwaters, 
such aid to be proportioned to the extent and value of the works constructed, or 
to be constructed, in any locality 

SEC. 9. The property of counties, cities, and towns owned and held only 
for public purposes, such as public buildings and the sites therefor, fire engines 
and the furniture thereof, and all property used or intended for extinguishing fires, 
public grounds, and all other property devoted exclusively to the use and benefit 
of the public, shall be exempt from forced sale and from taxation; provided, nothing 

herein shall prevent the enforcement Of tlh? vendor’s lien, the mechanic’s or builder's 

lien, or other liens now existing. 


CIVICS: TEXAS AND FEDERAL 


187 


SEC. 10. The Legislature may constitute any city or town a separate and inde¬ 
pendent school district. And when the citizens of any city or town have a charter, 
authorizing the city authorities to levy and collect a tax for the support and main¬ 
tenance of a public institution of learning, such tax may hereafter be levied and 
collected, if at an election held for that purpose, two-thirds of the tax-payers of such 
city or town shall vote for such tax. 


ARTICLE XII. 

PRIVATE CORPORATIONS. 

SECTION 1. No private corporations shall be created except by general laws. 

SEC. 2. General- laws shall be enacted providing for the creation of private 
corporations, and shall therein provide fully for the adequate protection of the 
public and of the individual stockholders 

SEC. 3. The right to authorize and regulate freights, tolls, wharfage, or fares 
levied and collected or proposed to be levied and collected by individuals, companies, 
or corporations, for the use of highways, landings, wharves, bridges, and ferries, 
devoted to public use, has never been and shall never be relinquished or abandoned 
by the State, but shall always be under legislative control and depend upon legis¬ 
lative authority. 

SEC. 4. The first Legislature assembled after the adoption of this Consti¬ 

tution shall provide a mode of procedure by the Attorney-general and District or 
County Attorneys, in the name and behalf of the State, to prevent and punish 
the demanding or collection of any and all charges as freight, wharfage, fares, 
or tolls, for the use of property devoted to the public, unless the same shall have 
been specially authorized by law. 

SEC. 5. All laws granting the right to demand and collect freights, fares, 

tolls, or wharfage shall at all times be subject to amendment, modification, or repeal 
by the Legislature. 

SEC. 6. No corporation shall issue stock or bonds except for money paid, 

labor done, or property actually received, and all fictitious increase of stock or 
indebtedness shall be void. 

SEC. 7. Nothing in this Article shall be construed to divest oj affect rights 

guaranteed by any existing grant or statute of this State, or of the Republic of 


ARTICLE XIII. 

SPANISH AND MEXICAN LAND TITLES. 

SECTION 1. All fines, penalties, forfeitures, and escheats, whiph have heretofore 
accrued to the Republic and State of Texas, under their constitutions and laws, 
shall accrue to the State under this Constitution; and the Legislature shall provide 
a method for determining what lands have been forfeited, and for giving effect to 
escheats; and all such rights of forfeiture and escheats to the State shall, ipso facto, 
inure to the protection of the innocent holders of junior titles, as provided in Sections 
2, 3, and 4. of this Article. 

SEC. 2. Any claim of title or right to land in Texas, j^sued prior to the 13th 
day of November, 1835, not duly recorded in the county w’here the land was sit¬ 
uated at the time of such record, or not duly archived in the General Land Office, 
or not in the actual possession of the grantee thereof, or some person claiming under 
him, prior to the accruing of junior title thereto from the sovereignty of the soil, 
under circumstances reasonably calculated to give notice to said junior grantee, 
has never had. and shall not have, standing or effect against such junior title, 
or color of title, acquired without such or actual notice of such prior claim of title 
or right; and no condition annexed to such grants, not archived, or recorded, or 
occupied as aforesaid, has been, or ever shall be released or waived, but actual per¬ 
formance of all such conditions shall be proved by the person or persons claiming 
under such title or claim of right in order to maintain action thereon, and the 
holder of such junior title, or color of title, shall have all the rights of the govern¬ 
ment which have heretofore existed, or now exist, arising from the non-performance 
of all such conditions. 

SEC. 3. Non-payment of taxes on any claim of title to land, dated prior to 
the 13th day of November, 1835, not recorded or archived, as provided in Section 2, 
by the person or persons so claiming, or those under whom he or they so claim, 
from that date up to the date of the adoption of this Constitution, shall be held 


188 


CIVICS: TEXAS AND FEDERAL 


to be a presumption that the right thereto has reverted to the State, and that said 
claim is a stale demand, which presumption shall only be rebutted by payment of 
all taxes on said lands. State, county, and city or town, to be assessed on the fair 
value of such lands by the Comptroller, and paid to him, without commutation or 
deduction for any part of the above period. 

SEC. 4. No claim of title or right to land, which issued prior to the 13th day 
of November, 1835, which has not been duly recorded in the county where the land 
was situated at the time of such record, or which has not been duly archived in 
the General Land Office, shall ever hereafter be deposited in the General Land 
Office, or recorded in this State, or delineated on the maps, or used as evidence 
in any of the courts of this State, and the same are stale claims; but this shall not 
effect such rights or presumptions as arise from actual possession. By the words, 
“duly recorded,” as used in Sections 2 and 4 of this Article, it is meant that such 
claim of title -or right to land shall have been recorded in the proper office, and 
that mere errors in the certificate of registration, or informality, not affecting the 
fairness and good faith of the holder thereof, with which the record was made, 
shall not be held to vitiate such record. 

SEC. 5. All claims, locations, surveys, grants, and titles, of any kind, which 
are declared null and void by the Constitution of the Republic or State of Texas, 
are, and the same shall remain forever, null and void. 

SEC. 6. The Legislature shall pass stringent laws for the detection and con¬ 
viction of all forgers of land titles, and may make such appropriations of money 
for that purpose as may be necessary. 

SEC. 7. Sections 2, 3, 4, and 5 of this Article shall not be so construed as 
to set aside or repeal any law or laws of the Republic or State of Texas, releasing 
the claimants of headrights of colonists of a league of land, or less, from com¬ 
pliance with the conditions on which their grants were made. 


ARTICLE XIV. 

PUBLIC LANDS AND LAND OFFICE. 


SEC. 1. There shall be one General Land Office in the State, which shall be 
at the Seat of Government, where all land titles which have emanated or may here¬ 
after emanate from the State shall be registered, except those titles the registration 
of which may be prohibited by this Constitution. It shall be the duty of the Legis¬ 
lature at the earliest practicable time to make the Land Office self-sustaining, and 
from time to time the Legislature may establish such subordinate offices as may 
be deemed necessary. 

SEC. 2. All unsatisfied genuine land certificates barred by Section 4, Article 
10, of the Constitution of 1869, by reason of the holders or owners thereof failing 
to have them surveyed and returned to the Land Office by the first day of January, 
1875, are hereby revived. All unsatisfied genuine land certificates now in existence 
shall be surveyed and returned to the General Land Office within five years after 
the adoption of this Constitution, or be forever barred; and all genuine land cer¬ 
tificates hereafter issued by the State shall be surveyed and returned to the General 
Land Office within five years after issuance, or be forever barred; provided, that all 
genuine land certificates heretofore or hereafter issued shall be located, surveyed, or 
patented only upon vacant and unappropriated public domain, and not upon any land 
titled or equitably owned under color of title from the sovereignty of the State, 
evidence of the appropriation of which is on the county records or in the General 
Land Office; or when the appropriation is evidenced by the occupation of the owner, 
or of some person holding for him. 

SEC. 3. The Legislature shall have no power to grant any of the lands of this 
State to any railway company except upon the following restrictions and conditions: 

First.—That there shall never be granted to any such corporation more than 
sixteen sections to the mile, and no reservation of any part of the public domain 
for the purpose of satisfying such grant shall ever be made. 

Second.—That no land certificate shall be issued to such company until they 
have equipped, constructed, and in running order at least ten miles of road; and 
on failure of such company to comply with the terms of its charter, or to alienate 
its land at a period to be fixed by law, in no event to exceed twelve years from the 
issuance of the patent, all said land shall be forfeited to the State and become 
a portion of the public domain, and liable to location and survey. The Legislature 
shall pass general laws only, to give effect to the provisions of this section. 

SEC. 4. No certificate for land shall be sold at the Land Office except to actual 
settlers upon the same, and in lots not to exceed one hundred and sixty acres. 

SEC. 5. All lands heretofore or hereafter granted to railway companies, where 


CIVICS: TEXAS AND FEDERAL 


189 


the charter or law of the State required or shall hereafter require their alienation 
within a certain period, on pain of forfeiture, or is silent on the subject of forfeiture, 
and which lands have not been or shall not hereafter he alienated, in confromity 
with the terms of their charters, and the laws under which the grants were made, 
are hereby declared forfeited to the State and subject to pre-emption, location, and 
survey, as other vacant lands. All lands heretofore granted to said railroad compa¬ 
nies, to which no forfeiture was attached on their failure to alienate, are not 

included in the foregoing clause; but in all such last-named cases it shall be the 
duty of the Attorney-general, in every instance where alienations have been or 

hereafter may be made, to inquire into the same, and if such alienation has been 
made in fraud of the rights of the State, and is colorable only, the real and 

beneficial interest being stilL in such corporation, to institute legal proceedings 
in the county where the Seat of Government is situated, to forfeit such lands 
to the State, and if such alienation be judicially ascertained to be fraudulent and 
colorable as aforesaid, such lands shall be forfeited to the State and become a part 
of the vacant public domain, liable to pre-emption, location, and survey. 

SEC. 6. To every head of a family without a homestead there shall be donated 
one hundred and sixty acres of public land, upon condition that he will select and 
locate said land, and occupy the same three years, and pay the office fees due 

thereon. To all single men of eighteen years of age and upward shall be donated 
eighty acres of public land, upon the terms and conditions prescribed for heads 
of families. 

SEC. 7. The State of Texas hereby releases to the owner or owners of the soil 
all mines and minerals that may be on the same, subject to taxation as other 

property. 

SEC. 8. Persons residing between the Nueces River and the Rio Grande, 

and owning grants of land which emanated from the government of Spain, or that 
of Mexico, which grants have been recognized and validated by the State, by acts 
of the Legislature, approved February 10, 1852, August 15, 1870, and other acts, 
and who have been prevented from complying with the requirements of said acts by 
the unsettled condition of the country, shall be allowed until the first day of 

January, 1880, to complete their surveys, and the plots thereof, and to return their 

field notes to the General Land Office; and all claimants failing to do so shall 

be forever barred; provided, nothing in this section shall be so construed as to validate 
any titles not already valid, or to interfere with the rights of third persons. 


ARTICLE XV 
IMPEACHMENT. 

m 

SECTION 1. The power of impeachment shall be vested in the House of Rep¬ 
resentatives. 

SEC. 2. Impeachment of the Governor, Lieutenant-governor, Attorney-general. 
Treasurer, Commissioner of the General Land Office, Comptroller, and *he Judges 
of the Supreme Court, Court of Appeals, and District Court, shall be tried by the 
Senate. 

SEC. 3. When the Senate is sitting as a Court of Impeachment, the Senators 
shall be on oath, or affirmation, impartially to try the party impeached, and no 
person shall be convicted without the concurrence of two-thirds of the Senators 
present. 

SEC. 4. Judgment in cases of impeachment shall extend only to removal from 
office, and disqualification from holding any office of honor, trust, or profit, under 
this State. A party convicted on impeachment shall also be subject to indictment, 
trial, and punishment, according to law. 

SEC. 5. All officers against whom articles of impeachment may be preferred 
shall be suspended from the exercise of the duties of their office, during the pen¬ 
dency of such impeachment. The Governor may make a provisional appointment to 
fill the vacancy occasioned by the suspension of an officer, until the decision on 
the impeachment. 

SEC. 6. Any Judge of the District Courts of the State who is incompetent to 
discharge the duties of his office, or who shall be guilty of partiality, or oppression, 
or other official misconduct, or who i e habits and conducts are such as to render 
him unfit to hold such office, or who shall negligently fail to perform his duties 
as judge, or who shall fail to execute in a reasonable measure the business in his 
courts, may be removed by the Supreme Court. The Supreme Court shall have 
sriginal jurisdiction to hear and determine the causes aforesaid when presented 
Uj writing upon the oaths, taken before some Judge of a Court of Record, of not less 


190 


CIVICS: TEXAS AND FEDERAL 


than ten lawyers, practicing in the courts held hy such judge, and licensed to 
practice in the Supreme Court; said presentment to be founded either upon the 
knowledge of the persons making it or upon the written oaths as to the facts of 
creditable witnesses. 

The Supreme Court may issue all needful process and prescribe all needful 
rules to give effect to this section. Causes of this kind shall have precedence and 
be tried as soon as practicable. 

SEC. 7. The Legislature shall provide by law for the trial and removal from 
office of all officers of this State, the modes for which have not been provided in 
this Constitution. 


ADDRESS. 

SEC. 8. The Judges of the Supreme Court, Court of Appeals, and District 
Courts, shall be removed by the Governor on the address of two-thirds of each House 
of the Legislature, for willful neglect of duty, incompetencey, habitual drunkenness, 
oppression in office, or other reasonable cause which shall not be sufficient ground 
for impeachment; provided, however, that the cause or causes for which such removal 
shall be required shall be stated at length in such address and entered on tho 

journals of each House; and provided further, that the cause or causes shall be 

notified to the judge so intended to be removed, and he shall be admitted to a 
hearing in his own defense before any vote for such address shall pass; and in all 
such cases, the vote shall be taken by yeas and nays, and entered on the journals 
of each House respectively. 

ARTICLE XVI. 

GENERAL PROVISIONS. 

SECTION 1. Members of -the Legislature, and all officers, before they enter 
upon the duties of their offices, shall take the following oath or- affirmation: “I 

(-) do solemnly swear (or affirm), that I will faithfully and impartially 

discharge and perform all the duties incumbent upon me as -, according to 

the best of my skill and ability, agreeably to the Constitution and laws of the United 

States and of. this State; and I do further solemnly swear 'or affirm), that since 

the adoption of the Constitution of this State, I, being a citizen of this State, have 
not fought a duel with deadly weapons, within this State nor out of it, nor have I 
sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted 
as second in carrying a challenge, or aided, advised, or assisted any person thus 
offending. And I furthermore solemnly swear (or affirm), that I have not directly, nor 
indirectly paid, offered, or promised to pay. contributed nor promised to contribute 
any money, or valuable thing, or promised any public office or employment, as a 
reward for the giving or withholding a vote at the election at which I was elected 

(or if the office is one of appointment, to secure my appointment). So help me 

God.” 

SEC. 2. Laws shall be made to exclude from office, serving on juries, mcl from 

the right of suffrage, those who may have been or shall hereafter be convicted of 

bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall 
lie protected by laws regulating elections, and prohibiting under adequate penalties 
all undue influence therein from power, bribery, tumult, or other improper practice. 

SEC. S. The Legislature shall make provisions whereby persons convicted of 

misdemeanors and committed to the county jails in default of payment of fines 
and costs, shall be required to discharge such fines and costs by manual labor, 
under such regulations as may be prescribed by law. 

SEC. 4. Any citizen of this State who shall. af>er the adoption of this Con¬ 
stitution, fight a duel with deadly weapons, or send or accept a challenge to fight 
a duel with deadly weapons, either within this State or out of it. or who shall act 
as second, or knowingly assist in any manner those thus offending, shall be de¬ 

prived of the right of suffrage, or of holding any office of trust or profit under 
this State 

SEC. 5. Every person shall be disqualified from holding any office of profit 

or trust in this State who shall have been convicted of having given or offered a 
bribe to procure his election or appointment. 

SEC. 6. No appropriation for private or individual purposes shall be made. 

A regular statement, under oath, and an account of the receipts and expenditures 
of all public money shall be published annually, in such manner as shall be 

prescribed by law. 

SEC. 7. The Legislature shall, in no case, have power to Issue “Treasury 




CIVICS: TEXAS AND FEDERAL 191 


Warrants,” “Treasury Notes,” or paper of any description intended to circulate as 
money. 

SEC. 8. Each county in the State may provide, in such manner as may b« 
prescribed by law, a manual-labor poorhouse and farm, for takin" ca _ e or, managing, 
employing, and supplying the wants of its indigent and poor inhabitants. 

SEC. 9. Absence on business of the State, or of the United States, shall not 
forfeit a residence once obtained, so as to deprive any one of the ri ht of suffra T e. 
or of being elected or appointed to any office, under the exceptions contained 
in this Constitution. 

SEC 10. The Legislature shall provide for deductions from the salaries of 
public officers who may neglect the performance of any duty that may be assigned 
them by law. 

SEC. 11. All contracts for a greater rate of interest than ten per centum 
per annum shall be deemed usurious, and the first Legislature after this amendment 
is adopted shall provide appropriate pains and penalties to prevent the same: 
but when no rate of interest is agreed upon, the rate shall not exceed six per centum 
per annum. 

Amendment of Section 11. (Art. XVI), declared adopted September 22, 1891. 

SBC. 12. No member of Congress, nor person holding or exercising any office 
of profit, or trust under the United States, or either of them, or under any foreign 
power, shall be eligible as a member of the Legislature, or hold or exercise any 
office of profit or trust under this State. 

SEC. 13. It shall be the duty of the Legislature to pass such laws as may be 
necessary and proper to decide differences by arbitration, when the parties shall 
elect that method of trial. 

SEC. 14. All civil officers shall reside within the State: and all district or 
county officers within their districts or counties, and shall keep their offices at 
such places as may be required by law; and failure to comply with this condition 
shall vacate the office so held. 

SEC. 15. All property, both real and personal, of the wife, owned or claimed 
by her before marriage, and that acquired afterward by gift, devise, or descent, 
shall be her separate property: and laws shall be passed more clearly defining tlvr 
rights of the wife, in relation as well to her separate property as that held in common 
with her husband. Law’s shall also be passed providing for the registration of the 
rife’s separate property. 

SEC. 16. The Legislature shall, by general laws, authorize the inco-poratlon 
)f corporate bodies with banking and discounting privilces. and shall provide tor 
i system of State supervision, regulation, and control of such bodies which will ade- 
piately protect and secure the depositors and creditors thereof. 

Each shareholder of such corporate body incorporated in this State, so long as 
he ow’ns shares therein, and for twelve months after the date of any bona-fide 
transfer thereof shall be personally liable for all debts of such corporate body 
existing at the date of such transfer, to an amount additional to the par vales 
of such shares so owned or transferred, equal to the par value of such shat-, 
so owned or transferred. 

No such corporate body shall be chartered until all of tire authorized capital 
stock has been subscribed and paid for in full in cash. Such body corporate shall 
not be authorized to engage in business at more than one place, which shall be 
designated in its charter. 

No foreign corporation, other than the National banks of the United States, 
shall be permitted to exercise banking or discounting privileges in this State 

Amendment of Section 16, (Art. XVI), adopted November 8, 1904 

SEC. 17. All officers within this State shall continue to perfo’ n the dr ies of 
heir offices until their successors shall be duly qualified. 

SEC. 18. The rights of property and of action whir’ have been acquired under 
the Constitution and law's of the Republic and State sh il not be divested; nor shall 
my rights or actions which have been divested, barren, or declared null and void 
by the Constitution of the Republic and State be re-invested, renewed, or re-in- 
itated b> this Constitution; but the same shall remain precisely in the. situation 
In which they were before the adoption of tnis Constitution, unless otherwise herein 
provided; and provided further, that no cause of action heretofore barred shall be 
revived. 

SEC. 19. The Legislature shall r.escribe by law the qualifications of grand and 
petit jurors , . . 

SEC. 29. The Legislature shall, at its first session, enact a law whereby the 
qualified voters of any county, justice’s precinct, town, or city (or such subdivision 
of a county as may be designated by the Commissioners’ Court of said county ) 
may, by a majority vote, determine, from time to time, whether the sale of intoxi¬ 
cating liquors shall be prohibited within the prescribed limits. 

Amendment Of Section 29. (Art. XVI). declared adopted September 22, 1891. 


192 


CIVICS: TEXAS AND FEDERAL 


SEC. 21. All stationery and printing, except proclamations end such prirting 
as may be done at the Deaf and Dumb Asylum, paper, and fuel used in the legis¬ 
lative and other departments of the government, except the judicial department, 
shall be furnished, and the printing and binding of the laws, journals, and depart* 
ment reports, and all other printing and binding, and the repairing and furnishing 
the halls and rooms used for the meeting of the Legislature, and its committees, 
shall be performed under contract, to be given to the lowest responsible bidder, 
below such maximum price and under such regulations as shall be prescribed by 
law. No member or officer of any department of the government shall be in 
any way interested in such contracts; and all such contracts shall be subject to 
approval of the Governor, Secretary of State and Comptroller. 

SEC. 22. The Legislature shall have the power to pass such fence laws, 
applicable to any subdivision of the State, or counties, as may be needed to meet 
the wants of the people. 

SEC. 23. The Legislature may pass laws for the regulation of live stock 
and the protection to stock-raisers in the stock-raising portion of the State, and exempt 
from the operation of such laws other portions, sections, or counties; and shall have 
power to pass general and special laws for the inspection of cattle, stock, and hides, 
and for the regulation of brands; provided, that any local law' thus passed sjrall be 
submitted to the freeholders of the section to be affected thereby, and approved by 
them, before it shall go into effect. 

SEC, 24. The Legislature shall make provision for laying out and working 
public roads, for the building of bridges, and for utilizing fines, forfeitures, and 
convict labor to all these purposes. 

SEC. 25. That all drawbacks and rebatement of insurance, freight, transporta¬ 
tion, carriage, wharfage, storage, compressing, baling, repairing, or for any other 
kind of labor or service of or to any cotton, grain, or any other produce or article 
of commerce in this State, paid, or allowed, or contracted for to any common 
carrier, shipper, merchant, commission merchant, factor, agent, or middle-man of 
any kind, not the true and absolute owner thereof, are forever prohibited, and it 
shall be the duty of the Legislature to pass effective laws punishing all persons in 
this State who pay, receive, or contract for or respecting the same. 

SEC. 26. Every person, corporation, or company that may commit a homicide, 
through willful act, or omission, or gross neglect, shall be responsible, in exemplary 
damages, to the surviving husband, wife, heirs of his or her body, or such of them 
as there may be, without regard to any criminal proceeding that may or may not 
be had in relation to -he homicide. 

SEC. 27. In all elections to fill vacancies of office in this State, it shall be 
to fill the unexpired term only. 

SEC. 28. No current wages for personal service shall ever be subject to gar¬ 
nishment. 

SEC. 29. The Legislature shall provide by law for defining and punishing 
barratry. 

SEC. 30. The duration of all offices not fixed by this Constitution shall never 
exceed two years; provided, that when a railroad commission is created by law it 
shall be composed of three commissioners, who shall be elected by the people at a 
general election for State officers, and their terms of office shall be six years; 
provided, railroad commissioners first elected after this Amendment goes into effect, 
shall hold office as follows:: One shall serve two years, and one four years, anti 
one six years, their terms to be decided by lot immediately after they shall have 
qualified. And one railroad commissioner shall be elected every tw ! o years thereafter. 
In case of vacancy in said office, the Governor of the State shall fill said vacancy 
by appointment until the next general election. 

Amendment of Section 30, (Art. XVI), declared adopted December 22, 1894. 

SEC. 30A. The Legislature may provide by law that the members of the board 
of regents of the State university and boards of trustees or managers of the educa¬ 
tional, eleemosynary, and penal institutions of the State, and such boards as have 
been, or may hereafter be established by law, may hold their respective offices for 
the term of six (6) years, one-third of the members of such board to be elected 
or appointed every two (2) years in such manner as the Legislature may determine; 
vacancies in such offices to be filled as may be provided by law, and the Legisla¬ 
ture shall enact suitable laws to give effect to this section.—This Amendment adopt¬ 
ed Nov. 5, 1912. 

SEC. 31. The Legislature may pass laws prescribing the qualifications of prac¬ 
titioners of medicine in this State, and to punish persons for malpractice, but no 
preference shall ever be given by law to any school of medicine. 

SEC. 32. The Legislature may provide by law for the establishment of a 
Board of Health and Vital Statistics, under such rules and' regulations as it may 
deem proper. 


CIVICS: TEXAS AND FEDERAL 193 


SEC. 33. The accounting officers of this State shall neither draw nor pay a 
warrant upon the treasury in favor of any person for salary or compensation 
as agent, officer, or appointee, who holds at the same time any other office or 
position of honor, trust, or profit under this State or the United States, except as 
prescribed in this Constitution. 

SEC. 34. The Legislature shall pass laws authorizing the Governor to lease 
or sell to the government of the United States a sufficient Quantity of the public 
domain of the State, necessary for the erection of forts, barracks, arsenals, and 
military stations, or camps, and for other needful military purposes; and the action 
of the Governor therein shall be subject to the approval of the Legislature. 

SEC. 35. The Legislature shall, at its first session, pass laws to protect 
laborers on public buildings, streets, roads, railroads, canals, and other similar 
public works, against the failure of contractors and sub-contractors to pay their 
current wages when due, and to make the corporation, company, or individual for 
whose benefit the work is done, responsible for their ultimate payment. 

SEC. 36. The Legislature shall, at its first session, provide for the payment, 
or funding, as they may deem best, of the amounts found to be justly due to the 

teachers in the public schools, by the State, for service rendered prior to the first day 

of July, 1873, and for the payment by the school districts in the State of amounts 

justly due teachers of public schools by such districts to January, 1876. 

SEC. 37. Mechanics, artisans, and material men, of every class, shall have 
a lien upon the buildings and articles made or repaired by them, for the value of 
their labor done thereon, or material furnished therefor; and the Legislature shall 
provide by law for the speedy and efficient enforcement of said liens. 

SEC. 38. The Legislature may, at such time as the public interest may require, 
provide for the office of Commissioner of Insurance, Statistics, and History, whose 
term of office, duties, and salary shall be prescribed by law. 

SEC. 39. The Legislature may. from time to time, make appropriations for 
preserving and perpetuating memorials of the history of Texas, by means of monu¬ 
ments, statues, printing and documents of historical value. 

SEC. 40. No person shall hold or exercise, at the same time, more than one 
civil office of emolument, except that of Justice of the Peace. County Commissioner, 
Notary Public, and Postmaster, unless otherwise specially provided herein. 

SEC. 41. Any person who shall, directly or indirectly, offer, give, or promise 
any money or thing of value, testimonial, privilege, or personal advantage, to any 
executive or judicial officer or member of the Legislature, to influence him in the 
performance of any of his public or official duties, shall be guilty of bribery, 
and be punished in such manner as shall be provided by law. And any member 
of the Legislature, or executive or. judicial officer who shall solicit, demand, or 

receive, or consent to receive, directly or indirectly, for himself or for another, 
from any company, corporation, or person, any money, appointment, employment, 

testimonial, rew’ard, thing of value or employment, or of personal advantage or 
promise thereof, for his vote or official influence, or for withholding the same, 
or with any understanding, expressed or implied, that his vote or official action 
shall be in any way influenced thereby, or who shall solicit, demand, and receive 

any such money or other advantage, matter, or thing aforesaid for another, as the 

consideration of his vote or official influence, in consideration of the payment 
or promise of such money, advantage, matter, or thing to another, shall be held 
guilty of bribery, within the meaning of the Constitution, and shall incur the disa¬ 
bilities provided for said offenses, with a forfeiture of the office they may hold, and 
such other additional punishment as is or shall be provided by law. 

SEC. 42. The Legislature may establish an Inebriate Asylum for the cure ot 
drunkenness and reform of inebriates. 

SEC. 43. No man or set of men shall ever be exempted, relieved, or discharged 
from the performance of any public duty or service imposed by general law. by any 
special law 7 . Exemptions from the performance of such public duty or service shall 
only be made bv general law. 

SEC. 44. The Legislature shall prescribe the duties, and provide for the 
election by the qualified voters of each county in this State, of a County Treasurer 
and a County Surveyor, w'ho shall have an office at the county seat, and hold their 
office for two years, and until their successors are qualified; and shall have such 
compensation as may be provided by law. 

SEC. 45. It shall be the duty of the Legislature to provide for collecting, 
arranging, and safely keeping such records, rolls, correspondence, and other docu¬ 
ments, civil and military, relating to the history of Texas, as may be now in the 
possession of parties willing to confide them to the care and preservation of the 
State. 

SEC. 46. The Legislature shall provide by law for organizing and disciplining 

militia of the State, in such manner as they shall deem expedient, not incom¬ 
patible with the Constitution and laws of the United States. 


194 


CIVICS: TEXAS AND FEDERAL 


SEC. 47. Any person who conscientiously scruples to hear arms shall not he 
compelled to do so, but shall pay an equivalent for personal service. 

SEC. 48. All laws and parts of laws now in force in the State of Texas, whicn 
are not repugnant to the Constitution of the United States, or to this Constitution, 
shall continue and 'remain in force as the laws of this State, until they expire 
by their own limitation or shall be amended or repealed by the Legislature. 

SEC. 49. The Legislature shall have power, and it shall be its duty, to protect 

by law from forced sale a certain portion of the personal property of all heads 

of families, and also of unmarried adults, male and female. 

SEC. 50. The homestead of a family shall he, and is hereby protected from 
forced sale for the payment of all debts, except for the purchase-money thereof, 

or a part of such purchase-money, the taxes due thereon, or for work and material 
used in constructing improvements thereon, and in this last case only when the 
work and material are contracted for in writing, with the consent of the wife, 

given in the same manner as is required in making a sale and conveyance of tire 

homestead; nor shall the owner, if a married man, sell the homestead without the 

consent of the wife, given in such manner as may be prescribed by law. No mort¬ 
gage, trust deed, or other lien on the homestead shall ever be valid, except for the 
purchase-money therefor, or improvements made thereon, as hereinbefore provided, 
whether such mortgage, or trust deed, or other lien shall have been created by the 
husband alone, or together with his wife: and all pretended sales of the homestead 
involving any condition of defeasance shall be void. 

SEC. 51 The homestead, not in a town or city, shall consist of not more 

than two hundred acres of land, which may be in one or more parcels, with the 
improvements thereon; the homestead in a city, town, or village shall consist of 
lot, or lots, not to exceed in value five thousand dollars, at the time of their 
designation as the homestead, without reference to the value of any improvements 

thereon; provided, that the same shall be used for the purposes of a home, or as a 
place to exercise the calling or business of the head of a family; provided also, that 
any temporary renting of the homestead shall not change the character of the 
same, when no other homestead has been acquired. 

SEC. 52. On the death of the husband or wife, or both, the homestead shall 
descend and vest in like manner as other real property of the deceased, and shall 
be governed by the same laws of descent and distribution, but it shall not be 
partitioned among the heirs of the deceased during the lifetime of the surviving 
husband or wife, or so long as the survivor may elect to use or occupy the same 
as a homestead, or so long as the guardian of the minor children of the deceased 
may be permitted, under the order of the proper court having the jurisdiction, to 
use and occupy the same. 

SEC. 53. That no inconvenience may arise from the adoption of this Con¬ 
stitution. it is declared that all process and writs of all kinds which have been 
or may be issued and not returned or executed when this Constitution is adopted, 
shall remain valid, and shall not be in any way affected by the adoption of this 
Constitution. 

SEC. 54. It shall be the duty of the Legislature to provide for the custody 

and maintenance of indigent lunatics, at the expense of the State, under such 

regulations and restrictions as the Legislature may prescribe. 

SEC. 55. The Legislature may provide annual pensions, not to exceed one 

hundred and fifty dollars per annum, to surviving soldiers or volunteers, in the war 
between Texas and Mexico, from the commencement of the revolution in 1835, until 
the first of January, 1837; and also to the surviving signers of the DeclavaCon of 
Independence of Texas; and to the surviving widows continuing unmarried of such 
soldiers and signers; provided, that no such pension be granted except to those 
in indigent circumstances, proof of which shall be made before the County Court 
of the county w 7 here the applicant resides, in such manner as may be provided by law. 

SEC. 56. The Legislature shall have no power to appropriate any of the public 
money for the establishment and maintenance of a bureau of immigration, or for 
any purpose of bringing immigrants to this State. 

SEC. 57. Three million acres of the public domain are hereby appropriated 

and set apart for the purpose of erecting a new State capitol and other necessary 
public buildings at the seat of government, said lands to be sold under the direction 
of the Legislature; and the Legislature shall pass suitable laws to carry this 
section into effect. 

SEC. 58. The board of prison commissioners charged by law with the control 
and management of the State prisons, shall be composed of three members appointed 
by the governor, by and with the consent of the Senate, and whose terms of office 
shall be six years, or until their successors are appointed and qualified; provided, 
that the terms of office of the board of prison commissioners first appointed after 
the adoption of this amendment shall begin on January 20 of the year following the 


CIVICS: TEXAS AND FEDERAL 


195 


adoption of this amendment, and shall hold office as follows: One shall serve two 
years, one four years, and one six years. Their terms to be decided by lot after 
they shall have qualified, and one prison commissioner shall be appointed every 
two years thereafter. In case of a vacancy in said office the governor of this State 
shall fill said vacancy by appointment for the unexpired term thereof.—Amendment 
Adopted Nov. 5, 1912. 


ARTICLE XVII. 

MODE OF AMENDING THE CONSTITUTION OF THIS STATE. 

SECTION 1. The Legislature, at any biennial session, by a vote of two-third3 
of all the members elected to each House, to be entered by yeas and nays on the journals, 
may propose amendments to the Constitution, to be voted upon by the qualified elec¬ 
tors for members of the Legislature, which proposed amendments shall be duly 

published once a week for four weeks, commencing at least three months before an 
election, the time of which shall be specified by the Legislature, in one weekly 

newspaper of each county, in which a newspaper may be published, and it 
shall be the duty of the several returning officers of said election to open a poll 

for, and make returns to the Secretary of State, of the number of legal votes cast 

at said election for and against said amendments; and if more than one be pro¬ 
posed, then the number of votes cast for and against each of them; and if it shall 
appear from said return that a majority of the votes cast have been cast in favor 
of any amendment, the said amendment so receiving a majority of the votes cast 
shall become a part of this Constitution, and proclamation shall be made by the 
Governor thereof. 


THE STATE. 


What constitutes a state? 

Not high-raised battlement, or labored mound, 

Thick wall or moated gate; 

Not cities proud with spires and turrets crowned; 
Not bays and broad armed ports, 

Where, laughing at the storm, rich navies ride; 

Not starred and spangled courts, 

Where low-browed baseness wafts perfume to pride. 
No,—men, high-minded men, 

With powers as far above dull brutes endued 
In forest, brake, or den, 

As beasts excel cold rocks and brambles rude— 
Men who their duties know, 

But know their rights, and, knowing, dare maintain, 
Prevent the long-aimed blow, 

And crush the tyrant while they rend the chain; 
These constitute a state; 

And sovereign law, that state’s collected will, 

O’er thrones and globes elate 
Sits empress, crowning good, repressing ill. 

—Sir William Jones. 



FEDERAL GOVERNMENT 


CHAPTER I 

GOVERNMENT BEFORE 1789 

The Federal Government.—We have learned that the 
purpose of government is to insure to all citizens the 
enjoyment of their rights, and that laws are made to 
prevent encroachments on those rights by the selfish 
members of society. We have studied the government 
of our State in its close relation to our daily lives and 
have learned how we consequently feel its restraining and 
protecting influence in all our social and business rela¬ 
tionships. We are now going to study the government 
of our Nation and to learn the relation that it bears to 
the citizen and to his State. Our Nation, the full name 
of which is the United States of America, is a republic 
composed of forty-eight states bound together by a con¬ 
stitution to which each has given its assent. The gov¬ 
ernment of the Nation is generally spoken of as the 
“Federal Government.” 

The English Colonies.—The settlement of the English 
colonies in America was such that all thirteen of them 
were entirely separate and distinct from one another. 
They differed in social ideals and civil aims. Thanks 
to a common mother country, they enjoyed the same lan¬ 
guage, the same literature, and similar notions of gov¬ 
ernment and of rights of citizens. There were three 
distinct types of colonial governments, named from their 
leading characteristics—charter colonies, proprietary 
colonies, and royal colonies. 

Charter Colonies.—A charter colony received from the 
king, or from some mercantile company acting under 


197 



198 


CIVICS : TEXAS AND FEDERAL 


royal authority, a written document, called a charter, 
granting specific commercial and political privileges. 
Often one charter would be surrendered and another 
would be granted. At the time of the Revolution the 
charter colonies were Massachusetts, Rhode Island, and 
Connecticut. 

Proprietary Colonies.—Sometimes the king would 
grant a large tract of land to some person for the pur¬ 
pose of colonization. With such a grant would go the 
right to name the governor and to prescribe the nature 
of the government. The government established for 
these colonies was called a proprietary government. 
Maryland, Pennsylvania, and Delaware were proprietary 
colonies, and were governed for many years by proprie¬ 
tors who had their homes in England. 

Royal Colonies.—The form of colonial government 
favored by the English kings was that known as a royal 
colony. Such colonies were under the control of the 
crown, which appointed resident governors to carry out 
its wishes. These governors were assisted by a council, 
the membership of which was subject to the approval of 
the king. All laws passed by the legislatures of royal 
colonies had to receive the assent of the king, or of his 
governors. In later colonial days several charter colo¬ 
nies were forced to surrender their charters and to be¬ 
come royal colonies. At the time of the Revolution, 
New York, Virginia, New Hampshire, New Jersey, North 
Carolina, South Carolina, and Georgia were royal colo¬ 
nies. 

Union Among the Colonies.—Owing to the fact that 
each was a separate colony, and to the difficulties at¬ 
tending travel, there was little intercourse between the 
colonies. Events in Connecticut had small interest for 
the people in New York, while the Carolinas and Geor¬ 
gia were practically more remote than England herself. It 


CIVICS: TEXAS AND FEDERAL 


199 


was only when some common danger confronted the col¬ 
onies that the idea of union occurred to them. From 1643- 
1684 the New England colonies were united in a loose 
confederacy for their defense against the Indians; but 
when at last King William was dead and the Indian vil¬ 
lages had been destroyed, there was no further work for 
this confederacy and it was dissolved. In 1754, as the war 
clouds of the last French and Indian War began to 
darken the horizon, a congress of twenty-five represent¬ 
atives from seven colonies was held at Albany. After 
making a treaty with the Iroquois Indians, Franklin’s 
plan for a 
p e r m a nent 
union was 
adopted and 
submitted to 
the legisla¬ 
tures of the 
different col¬ 
onies for rat- 
ification. 

They all re¬ 
jected it on 
the ground 
that there 
was no need 

ish Parliament had passed the “Stamp Act” taxing 
the colonies without their representation, another con¬ 
gress met. It adopted a declaration of the rights claimed 
as the common heritage of Englishmen, insisting that 
their legally constituted assemblies had the sole right of 
laying taxes. It demanded a repeal of the “Stamp Act.” 
It sent a formal address to the king and to the House 
of Lords, and a petition to the House of Commons. An- 



The Houses of Parliament, Where the House 
of Lords and the House of 
Commons Meet. 


of a union. Again, after the Brit- 






200 


CIVICS: TEXAS AND FEDERAL 


other effort was made by that congress to unite the colo¬ 
nies, but nothing came of it. 

The First Continental Congress.—In 1774 the so- 
called “First Continental Congress” convened at Phila¬ 
delphia, brought about by the tyranny of the British 
• government which had exasperated the colonists beyond 
endurance. This congress, composed of delegates from 

all the colonies ex- 
cep t Georgia, pre¬ 
pared remonstrances 
that were dispatched 
to King George III. 
It also drafted a 
statement addressed 
to the people of Great 
Britain setting forth 
the wrongs that the 
colonists, as “Eng¬ 
lishmen living be¬ 
yond the sea s,” 
wished redressed. It 
bound the colonies by 
a pledge to import no 
more goods from 
England nor her oth¬ 
er colonies, until the 
obnoxious Acts of 
Parliament should be repealed, and then adjourned with 
the understanding that another congress should meet in 
May, 1775, unless the causes of the grievances should be 
removed. 

The Second Continental Congress.—England not only 
disregarded the demands of the Continental Congress, 
but began to take steps to enforce the Acts of Parlia- 



Carpenter’s Hall, Philadelphia, 
Where the First Continental Con¬ 
gress Met in 1774. 



CIVICS: TEXAS AND FEDERAL 


201 


ment with the help of her armies. The Battle of Lex¬ 
ington convinced the colonies that they must choose be¬ 
tween abject submission and armed resistance. When 
the Second Continental Congress met, representatives 
from all the colonies were in attendance. Although it 
really had only advisory power, it began to assume ex¬ 
ecutive authority, as the representative of the individual 
colonies. An army was organized and George Wash¬ 
ington was placed in command of it. 

The Declaration of Independence.—Congress appoint¬ 
ed a committee to draft a declaration of the grievances 
of the colonies, and on July 2 . 1776, it passed the follow¬ 
ing resolution, introduced by Richard Henry Lee, one 
of the delegates from Virginia: 



The Original Declaration of Independence. This is Preserved in the 
Safe, Shown in the Picture, in the Library of the Department 
of State. So Precious is the Document that this Safe 
Has Only Been Opened Once Since 1902. 










202 


CIVICS: TEXAS AND FEDERAL 


Resolved—That these United States Colonies are, and of 
right ought to be, free and independent States; that they are 
absolved from all allegiance to the British Crown; and that 
all political connection between them and the States of Great 
Britain is, and ought to be, totally dissolved. 

This was followed on July fourth by the Declaration 

of Independence. 

*THE DECLARATION OF INDEPENDENCE. 


In Congress, July 4, 1776. 

The Unanimous Declaration of the Thirteen United States of 

America. 

When, in the course of human events, it becomes necessary 
for one people to dissolve the political bands which have con¬ 
nected them with another, and to assume, among the powers 
of the earth, the separate and equal station to which the laws 
of nature and of nature’s God entitle them, a decent respect 
to the opinions of mankind requires that they should declare 
the causes which impel them to the separation. 

We hold these truths to be self-evident: that all men are 
created equal; that they are endowed by their Creator with 
certain unalienable rights; that among these are life, liberty, 
and the pursuit of happiness. That, to secure these rights, 
governments are instituted among men, deriving their just pow¬ 
ers from the consent of the governed; that, whenever any form 
of government becomes destructive to these ends, it is the 
right of the people to alter or to abolish it, and to institute 
new government, laying its foundation on such principles, and 
organizing its powers in such form, as to them shall seem most 
likely to effect their safety and happiness. Prudence, indeed, 
will dictate that governments long established, should not be 
changed for light and transient causes; and, accordingly, all 
experience hath shown, that mankind are more disposed to 
suffer, while evils are sufferable, than to right themselves by 
abolishing the forms to which they are accustomed. But, when 
a long train of abuses and usurpations, pursuing invariably the 
same object, evinces a design to reduce them under absolute 
despotism, it is their right, it is their duty, to throw off such 
government, and to provide new guards for their future se¬ 
curity.—Such has been the patient sufferance of these colonies; 
and such is now the necessity which constrains them to alter 
their former systems of government. The history of the pres¬ 
ent king of Great Britain is a history of repeated injuries and 
usurpations, all having in direct object the establishment of 


* To the Teacher.—Have your pupils read and discuss this in 
class. 




CIVICS: TEXAS AND FEDERAL 


203 


an absolute tyranny over these States. To prove this, let facts 
be submitted to a candid world. 

He has refused his assent to laws the most wholesome and 
necessary for the public good. 

He has forbidden his governors to pass laws of immediate 
and pressing importance, unless suspended in their operation 
till his assent should be obtained; and, when so suspended, he 
has utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation 
of large districts of people, unless those people would relin¬ 
quish the right of representation in the legislature, a right ines¬ 
timable to them and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the depository of their public 
records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved representative houses repeatedly, for op¬ 
posing, with manly firmness, his invasions on the rights of the 
people. 

He has refused, for a long time after such dissolutions, to 
cause others to be elected; whereby the legislative powers, in¬ 
capable of annihilation, have returned to the people at large for 
their exercise; the State remaining, in the meantime, exposed 
to all the dangers of invasion from without, and convulsions 
within. 

He has endeavored to prevent the population of these States; 
for that purpose obstructing the laws for naturalization of for¬ 
eigners ; refusing to pass others to encourage their migration 
hither, and raising the conditions of new appropriations of 
lands. 

He has obstructed the administration of justice, by refusing 
his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone for the ten¬ 
ure of their offices, and the amount and payment of their sal¬ 
aries. 

He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people, and eat out their sub¬ 
stance. 

He has kept among us in times of peace, standing armies, 
without the consent of our legislature. 

He has effected to render the military independent of, and 
superior to, the civil power. 

He has combined, with others, to subject us to a jurisdiction 
foreign to our constitution; and unacknowledged by our laws; 
giving his assent to their acts of pretended legislation: 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock trial, from punishment for 
any murders which they should commit on the inhabitants of 
these States: 


204 CIVICS: TEXAS AND FEDERAL 


For cutting off our trade with all parts of the world: 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits of trial by 
jury: 

For transporting us beyond seas to be tried for pretended 
offenses: 

For abolishing the free system of English laws in a neigh¬ 
boring province, establishing therein an arbitrary government 
and enlarging its boundaries, so as to render it at once an 
example and fit instrument for introducing the same absolute 
rule into these colonies: 

For taking away our charters, abolishing our most valuable 
laws, and altering, fundamentals, the forms of our govern¬ 
ments : 

For suspending our own legislatures, and declaring them¬ 
selves invested with power to legislate for us in all cases what¬ 
soever. 

He has abdicated government here by declaring us out of 
his protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign 
mercenaries to complete the works of death, desolation, and 
tyranny, already begun, with circumstances of cruelty and 
perfidy scarcely paralleled in the most barbarous ‘ages, and 
totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the 
high seas, to bear arms against their country, to become the 
executioners of their friends and brethren, or to fall themselves 
by their hands. 

He has executed domestic insurrections amongst us, and has 
endeavored to bring on the inhabitants of our frontiers, the 
merciless Indian savages, whose known rule of warfare is an 
undistinguished destruction of all ages, sexes, and conditions. 

In every stage of these oppressions, we have petitioned for 
redress in the most humble terms : our repeated petitions have 
been answered only by repeated injury. A prince, whose char¬ 
acter is thus marked by every act which may define a tyrant, 
is unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British breth¬ 
ren. We have warned them, from time to time, of attempts by 
their legislature to extend an unwarrantable jurisdiction over 
us. We have reminded them of the circumstances of our emi¬ 
gration and settlement here. We have appealed to their native 
justice and magnanimity, and we have conjured them, by the 
ties of our common kindred, to disavow these usurpations, 
which would inevitably interrupt our connections and cor¬ 
respondence. They too have been deaf to the voice of justice 
and consanguinity. We must, therefore, acquiesce in the ne- 


CIVICS: TEXAS AND FEDERAL 


205 


cessity which denounces our separation, and hold them, as we 
hold the rest of mankind, enemies in war, in peace friends. 

We, therefore, the representatives of the United States, of 
America, in general Congress assembled, appealing to the Su¬ 
preme Judge of the world, for the rectitude of our intentions, 
do, in the name, and by authority of the good people of these 
colonies, solemnly publish and declare, That these United Col¬ 
onies are, and of right ought to be, free and independent States; 
that they are absolved from all allegiance to the British crown, 
and that all political connection between them and the state 
of Great Britain is, and ought to be, totally dissolved; and 
that, as free and independent States, they have full power to 
levy war, conclude peace, contract alliances, establish com¬ 
merce, and to do all other acts and things which independent 
States may of right do. And for the support of this declaration, 
with a firm reliance on the protection of Divine Providence, 
we mutually pledge to each other our lives, our fortunes, and 
our sacred honor. 

Government by Congress.—A state of revolution now 
existed and it was necessary to force Great Britain to 
recognize the independence that the colonists claimed 
for themselves. Some central government being neces¬ 
sary, Congress organized a provisional government 
which was conducted by committees. There were com¬ 
mittees on military affairs, Indian affairs, foreign rela¬ 
tions, and finance. It provided for a postal service be¬ 
tween the States, and issued large quantities of paper 


money known 
as “Conti- 
nental Cur¬ 
rency” with 
which to car¬ 
ry on the 
g o vernment. 
Finally, i n 
1777, itadopt- 
ed the “Arti¬ 
cles of Con- 
f e deration” 
which pro- 



Courtesy of Silver, Burdett and Company. 

Continental Currency. 




















206 


CIVICS: TEXAS AND FEDERAL 


vided for a perpetual union of the States. In order to 
become effective the “Articles” had to be ratified by all 
thirteen States. Maryland would not give her consent to 
them until all the vacant lands between the western slope 
of the Appalachian Mountains and the Mississippi River 
should become the property of the whole Confederacy. 
When finally New York and Virginia had ceded to the 
Confederacy their claims to this “Northwest Territory,” 
Maryland, on March 1, 1781, ratified the “Articles” and 
allowed the United States of America to become a fact. 

Government Under the Confederation.—The govern¬ 
ment was exercised by Congress. Each State sent to 
Congress from two to seven delegates, but it had only 
one vote. Nine votes were required to pass any meas¬ 
ure of importance. One delegate was elected president, 
but his power was not much greater than that of the 
others, even though he was surrounded with considera^ 
ble dignity. When Congress was not in session the gov¬ 
ernment was administered by the “Committee of the 
States” consisting of one delegate from each State, but 
the power of this committee was very much limited. 
Congress could declare war, but it had no means with 
which to wage it; it could make peace, but it had no 
power to compel the individual States to observe it; it 
could appropriate money, but it could not levy and col¬ 
lect taxes from the people of the States. It had to con¬ 
tent itself with making levies on the individual States 
which it had no power to enforce. As a rule it re¬ 
ceived only a small part of these levies. There were no 
federal courts, and no federal officers to execute the 
commands of Congress. After the Revolution was end¬ 
ed and England had made a treaty by which she recog¬ 
nized the independence of her former colonies, interest 
in the Confederacy grew lax. Each State established 
custom houses and levied duties against the other 



When Connecticut ceded her western claim she reserved the small 
tract along Lake Erie, shown in red, for the benefit of her schools. 
It was known as the “Western Reserve.” South Carolina claimed 
the narrow strip, shown in red, between the claims of North Car¬ 
olina and Georgia. By 1802 all the States had ceded their claims 
to the United States. 


_2. 3 o Cairo 


















CIVICS: TEXAS AND FEDERAL 207 


States, or even refused to admit their produce alto¬ 
gether. Several of them nearly went to war over their 
boundaries. A state of lawlessness prevailed within the 
Confederacy, and the States seemed in imminent danger 
of being seized by England or France. In fact, although 
bound to do so by the terms of her treaty, England did 
not remove her soldiers from several frontier forts. 
Several of the States discussed secession from the Con¬ 
federacy, and the principal thing that prevented them 
from seceding was that they would lose their interest in 
the public lands of the Northwest Territory. 

THOUGHT QUESTIONS 

1. What is government? Why is it necessary? 

2. What kind of a government is the United States? 

3. How many English colonies were there in America be¬ 
fore 1776? 

4. Describe the three types of English colonies in America, 
and give examples of each. 

5. What conditions brought these colonies into a union? 

6. Did the colonists desire to disavow allegiance to Eng¬ 
land? 

7. What were the acts of England that impelled the colonists 
to rebel? 

8. When did the colonists declare their independence? 

9. What kind of government did the continental Congress 
organize to manage affairs during the Revolution? 

10. Briefly outline the government under the Articles of 
Confederation. 

11. How was the government administered while Congress 
was not in session? 

12. What were the weak points in the Articles of Confed¬ 
eration? 

13. What provisions of the treaty of peace did England vio¬ 
late ? 

14. What prevented the disunion of the States between 1783 
and 1787? 

15. To what State did Maine belong in 1786? Vermont? 
Kentucky ? 


CHAPTER If 


MAKING THE FEDERAL CONSTITUTION 

The Annapolis Convention.—Under the “Articles of 
Confederation” each State could levy duties and imposts 
to suit itself and had full control of commerce within 
its territory. This resulted in much confusion and in 
frequent clashes between citizens of adjoining States. 
Virginia and Maryland were continually in trouble over 
the Potomac River and Chesapeake Bay. In an effort 
to adjust these difficulties commissioners representing 
Virginia and Maryland met at Alexandria, Va., in May, 
1785. As a result of this meeting the Virginia Legisla¬ 
ture invited delegates from all the States to meet at An¬ 
napolis, Md., in September, 1786. Only five States sent 
delegates to this convention. These delegates discussed 
ways of adjusting the trade regulations of the different 
States so as to effect uniformity. In these discussions 
it became evident that all the States realized the weak¬ 
ness of the Confederation and felt that some of its de¬ 
fects could be corrected without endangering the inde¬ 
pendence of the individual States, but nothing could be 
accomplished until delegates from all the States were 
present. The convention, therefore, passed a resolution 
written by Alexander Hamilton, suggesting to Congress 
that it call a convention of delegates from all the States 
“to devise such further provisions as might appear nec¬ 
essary to render the Constitution of the Federal Govern¬ 
ment adequate to the exigencies of the Union.” 

The Constitutional Convention.—In May, 1787, a con¬ 
vention of delegates from all the States except 
Rhode Island, met at the old State House in Philadelphia 
and remained in continuous session until September 17, 


208 


CIVICS: TEXAS AND FEDERAL 


209 



INDEPENDENCE HALL, PHILADELPHIA. 

Where the Constitutional Convention Met and Framed the 
Constitution. 


1787. This convention was composed of fifty-five dele¬ 
gates, including such men as George Washington, Alex¬ 
ander Hamilton, Benjamin Franklin, and James Madison, 
The credentials of the delegates authorized them to “re¬ 
vise and amend” the Articles of Confederation, but noth¬ 
ing was said about drafting a new constitution. It soon 
developed that it was impossible to “revise and amend,” 
and the delegates gave their attention to framing a con¬ 
stitution that would prove acceptable to the States. Two 
widely different ideas as to what the government should 
be were developed in this convention. One party favored 
a strong central government with a corresponding less¬ 
ening of the independence of the individual States. The 
other party was in favor of preserving to the States all 



210 


CIVICS: TEXAS AND FEDERAL 


their sovereign rights, but granting to Congress power 
to raise revenue, to regulate commerce, and to compel 
the States to obey its legal “acts.” 

Procedure of the Convention.—James Madison pre¬ 
sented a plan embodying the ideas of those favor¬ 
ing a strong central government. This was known 
as the “Virginia Plan,” and after many stormy debates 
it was adopted as the basis of the new government. It 
was then taken up article by article and discussed at 
length. In the course of its labors the convention agreed 
to three important compromises. By the first, the House 
of Representatives was to be composed of members dis¬ 
tributed among the States in proportion to their popu¬ 
lation, and the Senate, of two members from each State 
regardless of its population. In determining the popula¬ 
tion of a State, the Southern States demanded that their 
slaves should be counted the same as freemen. The 
North opposed this, and a second compromise was ef¬ 
fected by which five slaves were counted as three free¬ 
men. The third compromise was over commerce. Some 
of the States wished to have the importation of slaves 
stopped, but Georgia and South Carolina demanded that 
it be continued. It was desired by many that Congress 
should have full control of foreign commerce, but it was 
feared by several that this would result in laws prohib¬ 
iting the slave trade. The result was a compromise by 
which Congress was given control of both foreign and 
interstate commerce, but was forbidden to pass any act 
prohibiting the importation of slaves prior to 1808. 

Signing the Constitution.—Finally the morning of 
September 17th arrived and the convention met for 
the last time. Franklin arose to read a final speech 
which he had prepared carefully, but he was so 
feeble that he was compelled to hand it to another dele- 


CIVICS: TEXAS AND FEDERAL 


211 



gate who read it for him. A part of this speech was as 
follows: 

“Mr. President:—I confess that there are several parts of 
this Constitution which I do not at present approve, but I am 
not sure I shall never approve them. For, having lived long, 
I have experienced many instances of being obliged, by better 
information or fuller consideration, to change opinions, even 
on important subjects, which I once thought right, but found 
to be otherwise. It is therefore that, the older I grow the more 
apt I am to doubt my own judgment, and to pay more respect 
to the judgment of others. ****** 

In these sentiments, sir, I agree to this Constitution, with 
all its faults, if they are such; because I think a general govern¬ 
ment necessary for us, and there is no form of government, but 
what may be a blessing to the people if well administered; and 
I believe further, that this is likely to be well administered 
for a course of years, and can only end in despotism, as other 
forms have done before it, when the people shall become so 
corrupted as to need despotic government, being incapable of 
any other. I doubt, too, whether any other convention we can 
obtain may be able to make a better Constitution. For, when 


Photograph by Rau. 

The Room In Independence Hall, Philadelphia, Where the Con¬ 
stitutional Convention Held Its Sessions. On the Platform 
Can Be Seen the Chair and Desk Used by 
Washington, 





212 


CIVICS: TEXAS AND FEDERAL 


you assemble a number of men to have the advantage of their 
joint wisdom, you inevitably assemble with those men all their 
prejudices, their passions, their errors of opinion, their local 
interests, and their selfish views. From such an assembly can 
a perfect production be expected? * * * 

Thus I consent, sir, to this Constitution, because I expect 
no better, and because I am not sure, that it is not the best. 
The opinions I have had of its errors I sacrifice to the public 
good. I have never whispered a syllable of them abroad. 
Within these walls they were born, and here they shall die. 
If every one of us, in returning to our constituents, were to 
report the objections he has had to it, and endeavor to gain 
partisans in support of them, we might prevent its being gen¬ 
erally received, and thereby lose all the salutary effects and 
great advantages resulting naturally in our favor among for¬ 
eign nations, as well as among ourselves, from our real or ap¬ 
parent unanimity. Much of the strength and efficiency of any 
government, in procuring and securing happiness to the peo¬ 
ple, depends on opinion—on the general opinion of the good¬ 
ness of the government, as well as of the wisdom and integrity 
of its governors. .1 hope, therefore, that for our own sakes, 
as a part of the people, and for the sake of posterity, we shall 
act heartily and unanimously in recommending this Constitu¬ 
tion (if approved by Congress and confirmed by the conven¬ 
tions) wherever our influence may extend, and turn our future 
thoughts and endeavors to the means of having it well admin¬ 
istered. 

On the whole, sir, I cannot help expressing a wish that 
every member of the Convention, who may still have objec¬ 
tions to it, would with me, on this occasion, doubt a little of 
his own infallibility, and, to make manifest our unanimity, put 
his name to this instrument.” 

After that Franklin moved the adoption of the Con-' 
stitution, and the delegates, as their States were called, 
proceeded to sign the engrossed copy of it that was to be; 
sent to Congress. Thirteen of the delegates had gone ! 
home, and three refused to sign it, thinking that it gave 
too much power to the Federal Government, so only 
thirty-nine signatures were affixed. 

Ratification of the Constitution. —Article VII in the 
Constitution provided that ratification by nine States 
should be sufficient to establish the government. 
If the other States did not ratify it they would re¬ 
main without the Union and lose all their rights to any 


CIVICS: TEXAS AND FEDERAL 


213 


part in its affairs. Delaware was the first State to ratify 
it and Rhode Island the last. It was ratified by the 
States on the dates shown below: 

Delaware, December 7, 1787. 

Pennsylvania, December 12, 1787. 

New Jersey, December 18, 1787. 

Georgia, January 2, 1788. 

Connecticut, January 9, 1788. 

Massachusetts, February 6, 1788. 

Maryland, April 28, 1788. 

South Carolina, May 23, 1788. 

New Hampshire, June 21, 1788. 

Virginia, June 26, 1788. 

New York, July 26, 1788. 

North Carolina, November 21, 1789. 

Rhode Island, May 29, 1790. 

The New Government. —After nine States had rati¬ 
fied the Constitution, Congress proceeded to prepare 
for the new government. A bill was passed providing 
that on the first Wednesday in January the qualified 
voters should select presidential electors, and that on 



From an Old Engraving. 

Inauauration of Washington as the First President of the United 
States, at the City Hall, New York, April 30, 1789. 





214 


CIVICS: TEXAS AND FEDERAL 


the first Wednesday in February these electors should 
meet at their respective State capitals and cast their 
votes for President. Certified copies of these votes were 
sent to the Senate and on April 6,1789, they were opened 
and counted in the presence of the new Congress. George 
Washington was declared elected, and on April 30,1789, 
was inaugurated at New York as the first President of 
the United States of America. 

THOUGHT QUESTIONS 

1. How did Virginia and Maryland attempt to reconcile 
their differences? 

2. What was the result of the Annapolis Convention? 

3. Who was the leading man in influencing a closer union 
of the Federated States? 

4. What State was the most active in talking disunion? 

5. When and where did the convention meet that formed 
the present Constitution? 

6. What were the three great compromises in the Constitu¬ 
tion? 

7. How many States were required to ratify the Constitu¬ 
tion to make it effective? 

8. North Carolina ratified the Constitution in 1789, and 
Rhode Island in 1790. What would have been the result if 
these two States had not ratified the Constitution? 

9. When and where was the first President inaugurated? 

10. What was the “Ordinance of 1787?” Why is it said to 
be the greatest piece of legislation in American history? 


CHAPTER III 


THE BILL OF RIGHTS 

The Preamble to the Constitution.—The framers of 
the Constitution began it with a few introductory words 
stating its purposes and giving the source of its author¬ 
ity. These introductory words are called “The Pream¬ 
ble,” and are as follows: 

“We, the People of the United States, in order to form a 
more perfect union, establish justice, insure domestic tran¬ 
quility, provide for the common defense, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for the 
United States of America.” 

Opposition to the Constitution.—We have learned 
that several of the States were slow about ratify¬ 
ing the Constitution—in fact, when the government 
began, North Carolina and Rhode Island were not 
a part of the Nation. In most of the States there was a 
fierce fight over the ratification. Men, remembering the 
tyranny of George III, were afraid of a strong national 
government in which the individual State would be only 
a small factor. In Virginia, Patrick Henry criticized 
severely the beginning of “The Preamble,” wanting to 
know by what right the framers had written “We, the 
people” instead of “We, the States.” In Pennsylvania 
the fight was so bitter that even such patriots as Wash 
ington and Franklin were held up to ridicule, one as “a 
fool by nature,” and the other as “a fool by old age.” 
When Massachusetts, South Carolina, New Hampshire. 
Virginia, and New York, did ratify the Constitution they 
recommended various amendments which they regarded 
“as necessary to remove the fears and allay the appre¬ 
hensions of the people.” 


215 


216 


CIVICS: TEXAS AND FEDERAL 


Congress and the Amendments.—When the First Con¬ 
gress met, over a hundred amendments, many of them 
duplicates, had been referred to it by the States. The 
House of Representatives reduced this number to seven¬ 
teen and the Senate eliminated five of them, so that only 
twelve were finally sent to the States for ratification. 
Ten of these twelve amendments were ratified and be¬ 
came a part of the Constitution on December 15, 1791. 
The first eight constitute the so-called “Bill of Rights” 
guaranteeing the rights of every citizen. 

Personal Freedom.— 

“Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the peo¬ 
ple peaceably to assemble, and to petition the government for 
a redress of grievances.” (Amendment I.) 

Many of the early settlers of our country had suffered 
persecutions on account of their religious beliefs before 
leaving England and, to some extent, after settling in 
America. Hence religious freedom was the first right 
made secure. Under the Constitution one can worship 
as he pleases, provided his form of worship does not 
directly harm his fellow man or tend to immorality. 
In many countries, to criticise the ruler in a pub¬ 
lic speech, is a crime for which one may be impris¬ 
oned. In Russia and some other countries all news¬ 
papers and books must be submitted to a public censor 
for approval before publication. Sometimes parts of 
newspapers or books coming from other countries are 
blotted out with black ink by the censors, before they 
are allowed to be publicly distributed. In our country 
one may say or write what he pleases in criticism of 
public officials and their policies, provided his utter¬ 
ances are not treasonable. He may not, however, ac¬ 
cording to law, injure their reputation by slander or 


CIVICS: TEXAS AND FEDERAL 


217 


libel. If citizens desire any change of policy on the 
part of the government, it is their privilege to assemble 
to declare their views or to express their demands. 
Neither Congress, nor an}/ official of the government, 
can refuse to receive a petition from the people. 


The Italians themselves are by no means blind to the disas¬ 
trous consequences of the African war, and even an Italian gen¬ 
eral, who knows what war in Tripoli means and is styled “tho 
hero of Bengazi,” inveighs strongly against “the blunder,” "the 
obvious folly ” of an advance into the interior. General Ameglio 
writes in an open letter addrest to a brother officer, the Com¬ 
mandant Limo, and published in the Italian press, giving five 
reasons against any attempt to seize upon African territory: 

“1. Because there is no clearly defined object in such a 
conquest. 

“2. Because we are merely becoming the laughing-stock of 
the Turks. 

“3. Because the difficulties of a successful campaign are in 
Africa many in number and serious in character. 

“4. Because humanity forbids us to sacrifice the lives of our 
soldiers in attacking a population which represents neither tho 
political nor religious center of Islam. 

"5. Because of the heavy financial expense we are incurring 
by this enterprise.’^ 



An Article in an American Magazine Censored 
by the Turkish Authorities, Because of Ob¬ 
jectionable Statements in Reference 
to the Turko-Italian War. 


Right to Bear Arms.— 

“A well-regulated militia, being necessary to the security of 
a free State, the right of the people to keep and bear arms, 
shall not be infringed.” (Amendment II.) 

Unlike most countries the United States does not keep 
a large standing army. The law allows an army of not 
more than one hundred thousand men. Not only is an 
army a great expense to the nation, but it also deprives 
the country of the benefit of the labor of its most active 
young men during several of the best years of their 



218 


CIVICS: TEXAS AND FEDERAL 


lives. Each State has a national guard which in time 
of war becomes a part of the army. Also every able- 
bodied male citizen, between the ages of 18 and 45 years, 
is liable to military service when the country needs him. 
The right to bear arms may be regulated by law; for 
instance, in all of the States it is unlawful for any pri¬ 
vate citizen to carry concealed weapons, except by offi¬ 
cial permission. 

Rights of the Home.— 

“No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law.” (Amendment III.) 

The privacy of the home in colonial days had been 
ruthlessly disregarded by the British soldiers, and often 
the family supply of food had been forcibly taken by 
them without paying for it. Such invasions of the home 
were strongly guarded against in this amendment. It 
rightly requires the care of soldiers in times of war, but 
the privilege was safeguarded against abuse by requir¬ 
ing it to be exercised as prescribed by law. 

Searches and Seizures.— 

“The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue, but upon 
probable cause, supported by oath or affirmation, and particu¬ 
larly describing the place to be searched, and the person or 
things to be seized.” (Amendment IV.) 

This amendment protects people against injustice by 
specifically forbidding arrests, house-searching, or tak¬ 
ing of property, without a legal warrant sworn out in 
good faith, naming the person, the house to be searched, 
and the property to be seized. 

Rights in Trials.— 

“No person shall be held to answer for a capital, or other¬ 
wise infamous crime, unless on a presentment or indictment of 
a grand jury, except in cases arising in the land or naval 
forces, or in the militia, when in actual service in time of war 
or in public danger; nor shall any person be subject for the 
same offense to be twice put in jeopardy of life or limb; nor 


CIVICS: TEXAS AND FEDERAL 


219 


shall be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for pub¬ 
lic use, without just compensation.” (Amendment V.) 

. “In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the 
State and district wherein the crime shall have been commit¬ 
ted, which district shall have been previously ascertained by 
law, and to be informed of the nature and cause of the accusa¬ 
tion ; to be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his favor, and 
to have the assistance of counsel for his defense.” (Amend¬ 
ment VI.) 

“In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise re¬ 
examined in any court of the United States, than according to 
the rules of the common law.” (Amendment VII.) 

“Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishment inflicted.” (Amend¬ 
ment VIII.) 

In some countries people may be arrested simply upon 
suspicion, or to satisfy the vengeance of some official. 
They are frequently put in prison and kept there for a 
long time without being granted a trial. Sometimes 
they do. not even know why they were arrested. When 
they are given trials these are often farces, for they do 
not have the right of witnesses, counsel, or a jury. In 
case of conviction they have no right of appeal, nor the 
right of a new trial, even though the first trial was sur¬ 
rounded with every mark of unfairness. These amend¬ 
ments were demanded to prevent any such conditions 
ever occurring in the United States. Under our system 
of laws, a person accused of crime is presumed to be in¬ 
nocent until the State has proved him to be guilty. His 
rights are so carefully guarded that often “not guilty” is 
the verdict when “guilty as charged” is the sentiment of 
all the jurors ; but the proof is not sufficient or a technical 
point is in his favor. The theory of our trials is that, 


220 


CIVICS: TEXAS AND FEDERAL 


“It is better that the guilty escape than that the inno¬ 
cent suffer.” Anyone accused of crimes by the Federal 
Government is entitled to the same rights as is one ac¬ 
cused by an individual State. You have alreadv learned 
that these rights are: 

a. An investigation by the grand jury and a formal indict¬ 
ment. 

b. A speedy trial in the State and district where the crime 
is committed. 

c. Trial by an impartial petit jury. 

d. To be confronted by the witnesses against him. 

e. Compulsory attendance of witnesses in his favor. 

f. Privilege of testifying in his own behalf. 

g. Privilege of a lawyer for his defense. 

h. Conviction only by unanimous vote of the petit jury. 

i. A new trial under certain conditions. 

He is protected against: 

a. Wrongful imprisonment—by the writ of habeas corpus. 

b. Excessive bail. 

c. Being compelled to testify against himself. 

d. Excessive fines or excessive imprisonment. 

e. Cruel or unusual punishments. 

f. A second trial for the same crime after having been found 
“not guilty” in the first trial. 

Under the exigencies of war and military life slow 
court trials can not safeguard the interests of the Na¬ 
tion; so speedier trials by court-martial, or military 
courts, are substituted. Even in such trials, however, 
the rights of the accused are protected. These amend¬ 
ments also protect us in the enjoyment of our property. 
Private property can not be taken except by due process 
of law. If property is needed for public use it may be 
taken under the right of eminent domain, but a fair price 
must be given for it. If the owner is not satisfied with 
this price, the matter may be settled by an impartial jury. 
In time of war, property taken from friends is paid for; 
that taken from enemies is confiscated, as the Southern 
States learned to their sorrow in the Civil War. 


CIVICS: TEXAS AND FEDERAL 


221 


Reserved State Rights.— 

“The enumeration in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people.” (Amendment IX.) 

“The powers not delegated to the United States by the Con¬ 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people.” (Amendment X.) 

Not all the rights of the States or the people could 
be enumerated in the Constitution. This amendment re¬ 
serves to them all unnamed rights not in conflict with 
the delegated or implied powers of the Federal Govern¬ 
ment. 

THOUGHT QUESTIONS 

1. What is a preamble? 

2. What is a “bill of rights?” 

3. How many amendments were sent to the States for rati¬ 
fication by the First Congress? 

4. How many of these were ratified? 

5. Why are the first eight amendments called the “bill of 
rights?” What is the purpose of the Ninth Amendment? Of 
the Tenth? 

6. Who was the leader of the Federalist party? Of the 
Democratic-Republican party? 

7. What is the so-called “elastic clause” of the Constitution 
and why is it so called? 

8. Who were the “strict constructionists?” The “liberal con¬ 
structionists?” What political parties now represent them? 

9. What are personal rights? Political rights? Civil rights? 

10. Enumerate the rights of a person on trial. 

11. What is meant by being “placed twice in jeopardy of 
life or limb?” 

12. Under what conditions can the writ of habeas corpus 
be suspended? 

13. Who can suspend the writ of habeas corpus when con¬ 
ditions demand it? 


CHAPTER IV 


THE HOUSE OF REPRESENTATIVES 

The Three Branches of Government.—We have learned 
that there are three branches to the government of our 
State, and that the powers and duties of each are so 
clearly defined by the Constitution of Texas, that there 
can be no conflict of authority between them. There 
are also three branches to the Federal Government. Just 
as in our state government .they are the legislative, or 
law-making; the executive, or law-enforcing; and the 
judicial, or law-interpreting. 

A Congress of Two Houses.— 

“All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Representatives.” (Art. I. Section 1.) 

The English Parliament was composed of the House 
of Lords and the House of Commons. All the colonies, 
except Pennsylvania and Georgia, had modeled their 
assemblies after Parliament and had provided two 
houses. It was natural, therefore, for the Constitution 
to provide that Congress should consist of two houses. 
In England the House of Lords with its slow procedure 
had served as a check on hasty legislation sent up to it 
by the more easily agitated House of Commons. Like¬ 
wise it was expected that the Senate, representing the 
States as units, would serve as a check on the House of 
Representatives, which was already responsible to the 
people. 

The House of Representatives.— 

“The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, 
and the electors in each State shall have the qualifications re¬ 
quisite for electors of the most numerous branch of the State 
Legislature.” (Art. I. Section 2.) 


222 



CIVICS: TEXAS AND FEDERAL 223 

As the members of the House of Representatives are 
the direct representatives of the people their terms are 
short—only two years. Were they elected for long 
terms, the sentiment of their constituents might change 


Courtesy of the Hon. Champ Clark. 

Hall of the House of Representatives. 


before their terms expired and they might no longer 
truly represent it. The electors are the qualified voters. 
We have already learned who are qualified voters in 
Texas.* The Federal Government has no power to dic¬ 
tate to any State as to who shall or shall not vote in con¬ 
gressional elections, provided the State does not violate 
the Fifteenth Amendment, which reads: 

“The right of a citizen of the United States to vote shall 
not be denied or abridged by the United States or by any State, 
on account of race, color, or previous conditions of servitude/’ 
When the Representatives Are Elected.— 

“The times, places and manner of holding elections for Sen¬ 
ators and ’Representatives, shall be prescribed in each State 


*See State Government, Page 94. 













224 


CIVICS: TEXAS AND FEDERAL 


by the Legislature thereof; but the Congress may, at any time, 
by law, make or alter such regulations, except as to the places 
of choosing Senators.” ( Art. I. Section 4.) 

Congress has passed a law requiring all the represent¬ 
atives to be elected on the first Tuesday after the first 
Monday in November of the even numbered years. Ore- 
gon, Vermont, and Maine, were exempted from this law, 
as they had fixed the time for electing their representa¬ 
tives in their constitutions. 

Qualifications of Representatives.— 

“No person shall be a representative who shall not have at¬ 
tained to the age of twenty-five years, and been seven years 
a citizen of the United States, and who shall not, when elected, 
be an inhabitant of the State in which he shall be chosen.” 
(Art. I. Section 2.) 

Congress requires of each State that its Legislature 
shall divide it into as many congressional districts, of 
approximately equal population, as it is entitled to mem¬ 
bers in the House of Representatives. Whenever this 
number is changed the State is expected to be redistrict¬ 
ed. There are sixteen such districts in Texas and each 
elects a congressman. In 1912 our State also had two 
congressmen at large, who are elected by the voters of 
the whole State, for the reason that the Legislature did 
not redistrict after the new apportionment made in 1911. 
Custom demands that a congressman shall live in the 
district that he represents, in order that he may be fa¬ 
miliar with its needs and the wishes of his constituents. 

Congressional Districts. —They are composed of con¬ 
tiguous counties, and must have approximately the same 
population. In Texas they are as follows: 


First: Bowie, Camp, Cass, 
Delta, Franklin, Hopkins, 
Lamar, Marion, Morris, Red 
River, Titus. 

Second: Angelina, Cherokee, 
Hardin, Harrison, Jasper, 
Jefferson, Nacogdoches, 


Newton, Orange, Panola, 
Sabine, San Augustine, Shel¬ 
by, Tyler. 

Third: Gregg, Henderson, 
Kaufman, Rusk, Smith, Up¬ 
shur, Van Zandt, Wood. 

Fourth: Collin, Fannin, 

Grayson, Hunt, Rains. 


CIVICS: TEXAS AND FEDERAL 


225 


Fifth: Bosque, Dallas, Ellis, 
Hill, Rockwall. 

Sixth: Brazos, Freestone, 
Limestone, Milam, Navarro, 
Robertson. 

Seventh: Anderson, Cham¬ 
bers, Galveston, Houston, 
Liberty, Polk, San Jacinto, 
Trinity. 

Eighth: Austin, Fort Bend, 
Grimes, Harris, Leon, Mad¬ 
ison, Montgomery, Waller, 
Walker. 

Ninth: Aransas, Brazoria, 
Calhoun, Colorado, De Witt, 
Fayette, Goliad, Gonzales, 
Jackson, Karnes, Lavaca, 
Matagorda, Refugio, Vic¬ 
toria, Wharton. 

Tenth: Bastrop, Burleson, 

Caldwell, Hays, Travis, 
Washington, Williamson. 

Eleventh : Bell, Coryell, Falls, 
Hamilton, McLennan. 

Twelfth: Comanche, Erath, 
Hood, Johnson, Parker, 
Somerville, Tarrant. 

Thirteenth: Archer Arm¬ 
strong, Bailey, Baylor, Bris¬ 
coe, Carson, Castro, Chil¬ 
dress, Clay, Collingsworth, 
Cooke, Cottle, Dallam, Deaf 
Smith, Denton, Dickens, 
Donley, Floyd, Foard, Gray, 
Hale, Hall, Hansford, Har¬ 
deman, Hartley, Hemphill, 
Hutchinson, Jack, Knox, 
Lamb, Lipscomb, Montague, 
Moore, Motley, Ochiltree, 


Oldham, Parmer, Potter, 
Randall, Roberts, Sherman, 
Swisher, Throckmorton, 
Wheeler, Wichita, Wilbar¬ 
ger, Wise, Young. 

Fourteenth: Bexar, Blanco, 
Brown, Burnett, Coleman, 
Comal, Gillespie, Kendall, 
Kerr, Lampasas, Llano, Mc¬ 
Culloch, Mason, Mills, San 
Saba. 

Fifteenth: Atascosa, Bandera, 
Bee, Brooks, Cameron, Dim¬ 
mit, Duval, Frio, Guadalupe, 
Hidalgo, Jim Wells, Kinney, 
LaSalle, Live Oak, Maver¬ 
ick, McMullen, Medina, Nue¬ 
ces, San Patricio, Starr, Ter¬ 
rell, Uvalde, Val Verde, 
Webb, Willacy, Wilson, Za¬ 
pata, Zavalla. 

Sixteenth: Andrews, Borden, 
Brewster, Callahan, Coch¬ 
ran, Coke, Concho, Crane, 
Crockett, Crosby, Culberson, 
Dawson, Eastland, Ector, 
Edwards, El Paso, Fisher, 
Gaines, Garza, Glasscock, 
Haskell, Hockley, Howard, 
Irion, Jeff Davis, Jones, 
Kent, Kimble, King, Loving, 
Lubbock, Lynn, Martin, 
Menard, Midland, Mitchell, 
Nolan, Palo Pinto, Pecos, 
Presidio, Reagan, Reeves, 
Runnels, Schleicher, Scurry, 
Shackelford, Stephens, Ster¬ 
ling, Stonewall, Sutton, Tay¬ 
lor, Terry, Tom Green, 
Upton, Ward, Winkler, 
Yoakum. 


Gerrymandering.— Congressional districts should be 
compact, but in creating them Legislatures sometimes 
make them very irregular in shape, in an effort to favor 


226 


CIVICS: TEXAS AND FEDERAL 


certain men or parties in Congressional elections. They do 
this by including in the districts such counties as are 

friendly to them, and omit¬ 
ting others known to be un¬ 
friendly. This is called 
“gerrymandering.” When El- 
bridge Gerry was governor 
of Massachusetts that State 
was redistricted, and one dis¬ 
trict near Boston was shaped 
like the lizard known as the 
salamander. Because of the 
part that Governor Gerry 
took in the redistricting, the 
making of such irregular 
shaped districts has been known ever since as “gerry¬ 
mandering.” 

Apportionment of Representatives.— 

“Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to services for a term of years, and 
excluding Indians not taxed, three-fifths of all other persons. 
The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such manner 
as they shall by law direct. The number of Representatives 
shall not exceed one for every thirty thousand, but each State 
shall have at least one Representative; and until such enumer¬ 
ation shall be made, the State of New Hampshire shall be en¬ 
titled to choose three, Massachusetts eight, Rhode Island and 
Providence Plantations one, Connecticut five, New York six. 
New Jersey four, Pennsylvania eight, Delaware one, Maryland 
six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three.” (Art. I. Section 1.) 

A part of this clause was rendered void by the adop¬ 
tion, in 1865, of the Thirteenth Amendment, abolishing 
slavery. After that, negroes were counted the same as 
other “free persons.” In 1910 the number of Indians 
living on “reservations” in the different Western States 



From an Old Wood Cut. 

The Original Gerrymander. 




CIVICS: TEXAS AND FEDERAL 


227 


was 129,518. These Indians are not included in the popu¬ 
lation of the States to arrive at their representation in 
Congress. The Fourteenth Amendment, adopted in 1868, 
changed the first part of this clause to read as follows: 

“Representatives shall be apportioned among the several 
States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
taxed. But when the right to vote at any election for the 
choice of electors for President and Vice President of the 
United States, Representatives in Congress, the executive and 
judicial officers of a State, or the members of the Legislature 
thereof, is denied to any of the male inhabitants of such States, 
being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in re¬ 
bellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens in such 
State.” 

There has never been any reduction in the representa¬ 
tion of any State because it has passed laws limiting its 
suffrage, but the question is sometimes agitated in Con¬ 
gress. The House of Representatives is now composed 
of 435 members, distributed as follows: 


Alabama . 

.10 

Missouri . 

.16 

Arizona . 

. 1 

Montana . 

. 2 

Arkansas . 

. 7 

Nebraska . 

. 6 

California . 

.11 

Nevada.. 

. 1 

Colorado ... 

.4 

New Hampshire . 

. 2 

Connecticut . 

. 5 

New Jersey . 

.12 

Delaware . 

. 1 

New Mexico . 

. 1 

Florida . 

. 4 

New York . 

.43 

Georgia . 

.12 

North Carolina . 

.10 

Idaho ... 

. 2 

North Dakota . 

. 3 

Illinois . 

.27 

Ohio .. 

.22 

Indiana . 

.13 

Oklahoma . 

.8 

Iowa . 

.11 

Oregon . 

. 3 

Kansas . 

. 8 

Pennsylvania . 


Kentucky . 

.11 

Rhode Island . 

. 3 

Louisiana. 

. 8 

South Carolina .. 

. 7 

Maine . 

. 4 

South Dakota . 

.. 3 

Maryland . 

. 6 

Tennessee . 

.10 

Massachusetts . 

.16 

Texas . 

.18 

Michigan . 

.13 

Utah . 

. 2 

Minnesota . 

.10 

Vermont. 

. 2 

Mississippi . 

. 8 

Virginia . 

.10 














































228 


CIVICS: TEXAS AND FEDERAL 


Washington . 5 Wisconsin . 11 

West Virginia . 6 Wyoming . 1 

The number of representatives to which a State is en¬ 
titled is found by dividing its population, as shown by 
the last census, by the ratio of apportionment, which for 
1913-1923 is 212,407. This number can not be changed 
until after another census is taken. Every State, no mat¬ 
ter how small it may be, is entitled to at least one repre¬ 
sentative. 

The Census. —Once in ten years the Federal Govern¬ 
ment causes a count to be made of all people living in 
the United States and its possessions. This count is known 
as the census. The first census was taken in 1790, and 
the next one will occur in 1920. The census is taken 
under the direction of an official called the ‘‘Director 
of the Census.” The census of 1910 showed that the 
population of the United States on April fifteenth was 
91,972,266, exclusive of Alaska and the Insular Pos¬ 
sessions. It cost the government over thirteen million 
dollars to take this census. It is months after the cen¬ 
sus is taken before the Census Bureau is able to com¬ 
plete the count and to report the population of the en¬ 
tire country. Besides enumerating the population, the 
Census Bureau collects statistics annually regarding ag¬ 
ricultural products, manufactures, and commerce. 

How Territories Are Represented. —Each organized 
Territory is permitted to send a delegate to Congress who 
is given a seat in the House of Representatives. He is 
allowed to speak on any question that affects his Terri¬ 
tory, but has no vote. In 1912 the organized Territo¬ 
ries were Alaska and Hawaii. Porto Rico is allowed 
one commissioner and the Philippine Islands two com¬ 
missioners, by Special Act of Congress. These commis¬ 
sioners do not have seats in the House of Representa¬ 
tives as do the delegates, but they do look after the in¬ 
terests of those insular possessions. 






CIVICS: TEXAS AND FEDERAL 


229 


How Vacancies Are Filled.— 

“When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of elec¬ 
tion to fill such vacancies.” (Art. I. Section 2.) 

Should one of our representatives die, remove his 
home from the State, or be expelled from office, the 
governor would call a special election in his district to 
fill his place for the unexpired term. 

The Speaker.— 

“The House of Representatives shall choose their Speaker 
and other officers; and shall have the sole power of impeach¬ 
ment.” (Art. I. Section 2.) 


The presiding officer of the House 
of Representatives is called the 
Speaker. This title was borrowed 
from the House of Commons. Orig¬ 
inally it was the duty of that officer 
to present the bills passed by the 
House of Commons to the king, for 
the royal approval, hence, he came to 
be called “the Speaker.” 

The Other Officers. —They are the 
clerk, sergeant at arms, chaplain, 
postmaster, doorkeeper, and librarian. 

Each of them, except the chaplain, 
has several assistants. By custom, 
each of the two leading political par¬ 
ties is given the privilege of naming 
a part of these officers. Generally, 
each party holds a caucus, or meeting 
of all the members belonging to it, 
and selects its candidates for the of¬ 
fices allotted to it. The names of 
these candidates are then presented 
to the House, and the officers are 
elected. None of them are members of Xhe Mace . 





230 


CIVICS: TEXAS AND FEDERAL 


Congress. The clerk keeps a record of all the proceedings 
of the House, is the custodian of all the bills, and certi¬ 
fies the passage of bills. The sergeant at arms is the 
“house policeman.” He preserves order, and compels 
the attendance of absent members under orders of the 
Speaker. The symbol of his authority is the mace, be¬ 
fore which the most unruly member yields. The door¬ 
keeper guards the entrance to the floor of the chamber 
where the House meets, and is in charge of the galleries 
to which the public are admitted for the purpose of 
listening to the proceedings. The postmaster takes 
charge of the members’ mail; and the chaplain opens 
each daily session with prayer. 

THOUGHT QUESTIONS 

1. What are the three branches of government? 

2. In whom or what is each branch vested? 

3. What electors vote for representatives? 

4. What is meant by the most numerous branch of the 
Legislature? 

5. Is the Legislature of each State composed of two houses? 

6. What three States at first had but one House in their 
Legislatures? 

7. How often are States divided into congressional dis¬ 
tricts ? Can the number of representatives be reduced before 
the next federal census? For what cause? 

8. What is meant by gerrymandering? 

9. What three things must be observed by States in forming 
congressional districts? 

10. Under what conditions are representatives elected at 
large? 

11. Must a representative reside in the district he repre¬ 
sents? 

12. Why does a Legislature “request” its representatives, 
and “instruct” its senators, to vote for or against a particular 
measure? 

13. If an ineligible person receives a majority of the vote 
for representative, does his opponent become representative? 

14. What is the present representative ratio? 

15. How many representatives has Texas? 

16. Who is the representative from your congressional dis¬ 
trict? 

17. How often is the House of Representatives organized? 


CHAPTER V 


THE SENATE 

Composition of the Senate.— 

“The Senate of the United States shall be composed of two 
senators from each State, chosen by the Legislature thereof, for 
six years; and each senator shall have one vote.” (Art. I. Sec¬ 
tion 3.) 

As we have learned, it was part of the “First Great 
Compromise” agreed to by the Constitutional Conven¬ 
tion, that all States should have equal representation in 
the Senate. In order to make this right more secure, 
the smaller States insisted on a clause in the Constitu¬ 
tion guaranteeing it for all time, as follows: 

“No State, without its consent, shall be deprived of its equal 
suffrage in the Senate.” (Art. V.) 

There are ninety-six senators. Frequently the sen¬ 
ators from a State do not hold the same views and some¬ 
times they belong to opposing political parties. 

The Election of Senators. —Senators are elected by 
the Legislatures of their respective States for terms of 
six years. In Texas, and in some other States, candi¬ 
dates for the Senate are voted on in the primary, and it 
is supposed that the one chosen by the voters will be 
elected by the Legislature. If a majority of the legis¬ 
lators should not be instructed for any one candidate by 
the primary election in their respective districts, a mere 
plurality of all the votes in the primary might be disre¬ 
garded. Congress has recently passed a resolution pro-' 
posing to the States an amendment to the Constitution 
that provides for the election of senators by the direct 
vote of the voters of the several States. 

How the Legislature Elects a Senator. —In 1866, Con¬ 
gress passed a law requiring the Legislature of each 
State at its session next preceding the expiration of the 
term of either of the Senators from that State, to pro- 


231 


232 


CIVICS: TEXAS AND FEDERAL 


ceed to elect a senator on the second Tuesday after its 
organization, On this day each house votes separately 
for a senator. At noon the next day they hold a joint 
session and each house declares the result of its vote 
on the previous day. If any candidate has received in 
each house a majority of all the votes he is declared the 
“Senator-elect.” If no candidate received in both houses 
a majority of the votes cast on the previous day, then 
the two houses, in joint session, take a vote. If still no 
candidate receives a majority of all the votes cast, then 
a joint vote must be taken at noon on each succeeding 
day of the session, until someone does, when he becomes 
the senator-elect. 

Classification of Senators.— 

“Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second class 
at the expiration of the fourth year, and of the third class at the 
expiration of the sixth year, so that one-third may be chosen 
every second year; and if vacancies happen by resignation, or 
otherwise, during the recess of the Legislature of any State, 
the executive thereof may make temporary appointments until 
the next meeting of the Legislature, which shall then fill such 
vacancies.” (Art. 1. Section 3.) 

The Senate is a “continuous body,” as the terms of 
only one-third its members expire at one time, i. e., at 
noon on March fourth of the odd numbered years. In 
the first meeting of the Senate in 1789, the twenty sen¬ 
ators of the ten States then in the Union were divided 
into three classes by lot, and in such a way that no two 
senators from the same State would be in the same class. 
The first and second classes had seven senators each, 
and the third class had six. Since then, as senators 
from new States take their seats, they are placed in 
these classes consecutively. When Texas entered the 
Union her senators entered the first and second classes. 


CIVICS: TEXAS AND FEDERAL 233 

The term of the first class expires in 1917, and that of 
the second class in 1913. 



The Senate Chamber. 


How Vacancies Are Filled. —Should a vacancy occur 
in a senatorship the Legislature of that State elects 
some one to fill the unexpired term. If the Legislature 
is not in session, the governor appoints some one to fill 
the vacancy until it meets again, when it will proceed to 
elect a senator in the usual way. 

Qualifications of Senators.— 

“No person shall be a Senator who shall not have attained to 
the age of thirty years and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen.” (Art. I. Section 3.) 

We have learned that in order to be eligible to mem¬ 
bership in the House of Representatives one must be 
twenty-five years of age and seven years a citizen of the 
United States. Why does the Constitution require so 







234 


CIVICS: TEXAS AND FEDERAL 


much more of Senators ? The Senate moves more slowly 
and deliberately than does the “lower house.” Its work 
is supposed to demand more wisdom and dignity than 
does theirs, and as wisdom and dignity increase with 
age and responsibility, more in the wa/ of qualifications 
is demanded of a senator than of a representative. 

The Officers of the Senate.— 

“The Vice President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally 
divided. 

“The Senate shall choose their other officers, and also a Presi¬ 
dent pro tempore, in the absence of the Vice President, or when 
he shall exercise the office of President of the United States.” 
(Art. I. Section 3.) 

The Vice President is not a member of the Senate, 
hence he can not speak on questions under considera¬ 
tion, nor can he vote except to break a tie. When for 
any reason the Vice President is absent, the president 
pro tempore presides. The other officers of the Senate 
are similar to those in the House of Representatives. 
Sessions of the Senate are always marked with more 
decorum than are those of the “lower house.” 


THOUGHT QUESTIONS 

1. Why were two senators apportioned to each State? 

2. Can the Constitution be amended so as to apportion sen¬ 
ators to each State according to population? Give reasons 
for your answer. 

3. Who are the United States Senators from Texas? To 
which Senatorial classes do they belong? 

4. How many senators are there in Congress. 

5. State the procedure in electing United States Senators. 

6. How are vacancies filled? 

7. If a Legislature has had the opportunity to elect a sen¬ 
ator to fill a vacancy and does not do so, who can appoint one 
for the place? 

8. What amendment relating to senatorial elections has 
been greatly desired.by many citizens? 

9. How were the first elected senators classified? 



CHAPTER VI 


THE PROCEDURE IN CONGRESS 

The First Congress. —In the resolution providing for 
the organization of the new government, under the re¬ 
cently adopted Constitution, the “First Congress” was 
summoned to meet on the first Wednesday in March, 
1789. Owing to difficulties attending travel in those 
days a quorum of both houses was not secured until 
April sixth. By Act of Congress, it was provided that 
the terms of all representatives, and of all senators of 
the first class, should expire March 4, 1791, and that 
thereafter a new Congress should assume office at noon 
on March fourth of every odd numbered year. The Con¬ 
gress that comes into office on March 4, 1913, will be 
known, therefore, as the “Sixty-third Congress.” 

Sessions of Congress.— 

“The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monda/ in December, unless 
they shall by law appoint a different day.’ (Art. I. Section 4.) 

Each Congress holds two regular sessions. The first, 
which begins in December of odd numbered years, is 
known as the “long session,” for it generally continues 
until late in the following spring or even until fall. 
The second session begins in December of the even num¬ 
bered years and must end by noon of March fourth fol¬ 
lowing, when a new Congress comes into existence. Spe¬ 
cial sessions may be called by the President when in his 
judgment public necessity demands them. He may also 
convene the Senate alone in special session to confirm 
appointments or to ratify treaties. It is customary for 
a retiring President to convene the Senate in special 
session, immediately before the inauguration of his suc¬ 
cessor, for the purpose of confirming the cabinet and 
other important appointees of the new President. 


235 


236 


CIVICS: TEXAS AND FEDERAL 


Where Congress Meets. —Congress held its first ses¬ 
sion in the old City Hall in New York. From 1799 un¬ 
til 1800 it met in the old Capitol Building in Philadel¬ 
phia. Congress did not forget how its predecessor, the 



Courtesy of Silver, Burdett & Co. 

Old City Hall, New York, Where the First Congress Met. 


Continental Congress, was turned out of its meeting place 
in Philadelphia, and very early took steps to provide a 
permanent capitol building. As the States of the South 
wished the capital south of the Potomac, and those of 
the North wished it north of that river, the matter was 
compromised by Virginia and Maryland ceding to the 
government a district ten miles square, situated on both 
banks of the Potomac. Later the part south of the 
river was returned to Virginia. This district is known 
as the “District of Columbia.” Citizens of the District 
of Columbia belong to no State, and have no vote in 
presidential and congressional elections—in fact no elec¬ 
tions occur within it. Most of the District lies within 






















CIVICS: TEXAS AND FEDERAL 


237 



the City of Washington. The building where Congress 
meets is called the United States Capitol. In an emer¬ 
gency, such as the presence of a hostile army near by, 
or pestilence within the city, the President can change 
the place of meeting temporarily. This has never been 
done. 


The United States Capitol. 

Organization ot a New Congress. —The first Monday 
in December of odd numbered years is a busy time in 
Washington. At noon on that day a new Congress as¬ 
sembles. The “members elect” of the House of Repre¬ 
sentatives are there with “certificates of election” given 
to them under the seal of their respective States and ad¬ 
dressed to the House of Representatives. One-third of 
the senators are also armed with similar certificates 
signed by the governors of their respective States and 
addressed to the President of the Senate. The clerk of 





238 


CIVICS: TEXAS AND FEDERAL 


the previous House of Representatives calls that body 
to order. Then the roll of all the representatives-elect 
is called. This roll has been prepared from the certifi¬ 
cates of election which have been filed with the clerk. 
If it shows a quorum, i. e., a majority of all members, to 
be present, the House proceeds to elect its Speaker. The 
members of the political party in the majority in the 
House have held a caucus previously and determined 
who shall hold this and other offices. ,As soon as the 
Speaker is elected, the oath of office is administered to 
him by the representative who has been in Congress 
longest. Then he takes the gavel, which is his emblem 
of authority. The roll of the House is called again, and 
the representatives rise and the Speaker administers 
the oath of office to them. As only one-third of the 
members of the Senate are newly elected, that body is a 
“continuous” one and does not have to be organized. 
At the beginning of each Congress, however, it elects a 
president pro tempore and other officers. Each new 
senator is presented to the Senate by the other senator 
from his State. In groups of four they proceed to a 
position in front of the presiding officer where the oath 
of office is administered to the new senators. 

The Oath of Office. —All senators, representatives, 
and delegates from the Territories, must take the fol¬ 
lowing oathi - 

I ( ) do solemnly swear (or affirm) that I will support 

and defend the Constitution of the United States against all 
enemies foreign and domestic; that I will bear true faith and 
allegiance to the same; that I take this obligation freely, with¬ 
out any mental reservation or purpose of evasion; and that I 
will well and faithfully discharge the duties of the office on 
which I am about to enter. So help me God. 

The Halls of Congress. —The Senate holds its meet¬ 
ings in the Senate Chamber and the House of Repre¬ 
sentatives in the Hall of Representatives. These enor¬ 
mous rooms are situated in opposite wings of the Capi- 


CIVICS: TEXAS AND FEDERAL 


239 


tol. In each of them there are long circular rows of 
desks facing the presiding officer. Each member is al¬ 
lotted one of these desks. The members of the ma¬ 
jority generally sit together on one side of the chamber, 
and those of the minority on the other side. The gov¬ 
ernment also furnishes each member an office outside 
of the Capitol, where he may work when not attending 
meetings of Congress. 

Communications From the President. —After the 
House of Representatives is organized it sends a com¬ 
mittee to inform the Senate of the fact. It also ap¬ 
points a committee to act with one from the Senate in 
notifying the President that Congress is organized and 
ready to receive any communication he may desire to 
send it. In the early days of our government it was 
customary for the President to deliver an address in 
person to Congress. Since the time of Jefferson the 
communications of the President have been in the form 
of “messages” which are read in both houses. 

Committees of Congress. —The work of making laws 
is really done by committees of Congress, just as we 
have learned that state laws are really made by the com¬ 
mittees of the Legislature. Formerly, the Speaker ap¬ 
pointed the committees of the House of Representatives, 
but now they are chosen by the “Committee on Ways 
and Means,” which is elected by the House itself. The 
Senate appoints its committees. There are a great many 
committees covering every kind of legislation that can 
be enacted by Congress. Some of them are small and 
others large. They are always so composed that the 
chairman and a majority of the members belong to the 
political party in the’ majority. To them are referred 
the bills introduced by members. They study them, 
hold public hearings, and recommend such legislation 
as meets their approval. The minority members of a 


240 


CIVICS: TEXAS AND FEDERAL 


committee have little influence in shaping its recom¬ 
mendations, but sometimes make minority reports, which 
must be given consideration. 

How the Voting is Done. —A majority vote will pass 
any bill, but a two-thirds vote is required to pass one 
over the veto of the President. There are three meth¬ 
ods of voting in the House of Representatives: by accla¬ 
mation, or “aye” and “no” vote, when the presiding of¬ 
ficer puts the question and all favoring the same say 
“aye” and all opposing say “no”; by division, when all 
favoring the measure rise, file between the two tellers, 
who stand near the Speaker’s desk, and are counted, and 
then all opposing do the same; by “yea and nay” vote 
when, upon roll call, each member as his name is called 
votes “yea” or “nay,” and his vote is recorded in the 
Journal. A “yea and nay” vote must be taken when¬ 
ever one-fifth of the members present demand it. It is 
always taken on important questions, so that each mem¬ 
ber’s constituents may know how he voted and that he 
may be held accountable for his vote. In the Senate all 
votes are taken by the “yea and nay” method. 

How Laws Are Made by Congress. —Congress enacts 
laws in much the same way that our State Legislature 
does. The bill is introduced by some member. In the 
House of Representatives this is done by putting it in a 
basket on the clerk’s desk; and in the Senate, by the 
senator’s rising and asking permission to introduce it. 
All bills are numbered consecutively in the order that 
they are introduced. The bill is then referred to the 
appropriate committee. As over thirty thousand bills 
were introduced in the House during the “Sixty- 
first Congress,” it follows that only a small part of them 
could receive consideration. Many are “killed in the 
committee.” After the committee has reported a bill 
back to the house, it is put on the calendar and may 


CIVICS: TEXAS AND FEDERAL 


241 


come lip for passage. Before being passed it is read 
three times—the first time by title, the second time in 
full, and the third time by title. It may then be debated. 
In the House of Representatives debate is limited, for the 
Committee on Rules generally brings in a rule that the 
bill shall be voted upon at a specified time; but in the 
Senate every member is allowed to speak on a bill as long 
as he wishes. The House is so large that if everyone 
was allowed to speak whenever he wished to do so, there 
would be no time to transact business. To prevent this, 
members are only recognized by the Speaker when pre¬ 
vious arrangements have been made with him, with the 
exception that for a short time on Wednesdays, any 
member may secure recognition to speak on any bill on 
the calendar. After, the bill is passed in one house it 
goes to the other. Should it be amended there it will 
have to be returned to the original house in order that 
the amendments may be concurred in. If that house 
refuses to do this, the bill is dead, unless a conference 
committee, composed of members of both houses, agrees 
on a compromise. Any compromise agreed to by this 
committee is usually accepted by both houses. 

Filibustering.—Sometimes the minority tries to de¬ 
feat a bill, or at least to force some amendments, by a 
“filibuster.” This consists in all sorts of dilatory tac¬ 
tics, such as debating it as long as possible, offering 
many amendments, motions to adjourn, which always 
take precedence, and demanding a roll call on every vote. 
To call the roll of the 435 members of the House is a 
slow, tedious task which consumes thirty minutes or 
more. In the House of Representatives filibusters are 
not very successful, owing to the power of the Speaker; 
but in the Senate they sometimes accomplish something. 
In a filibuster a single senator has been known to talk 


242 


CIVICS: TEXAS AND FEDERAL 


all the afternoon and then all night, hoping to wear out 
the Senate until it would yield some legislative point. 

How Bills Become Laws.— 

“Every bill which shall have passed the House of Representa¬ 
tives and the Senate, shall, before it becomes a law, be presented 
to the President of the United States; if he approves he shall sign 
it, but if not he shall return it, with his objections to that house in 
which it shall have originated, who shall enter the objections 
at large on their journal, and proceed to reconsider it. If after 
such reconsideration two-thirds of that house shall agree to 
pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that house it shall become 
a law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the journal 
of each house respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law, in 
like manner as if he had signed it, unless the Congress by 
their adjournment prevent its return, in which case it shall 
not be a law. 

“Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to 
the President of the United States; and before the same shall 
take effect, shall be approved by him, or being disapproved 
by him, shall be repassed by two-thirds of the Senate and 
House of Representatives, according to the rules and limita¬ 
tions prescribed in the case of a bill.” (Art. I. Section 7.) 

All bills, orders and resolutions, excepting on the 
question of adjournment, that are passed by both houses 
of Congress, must be sent to the President for his ap¬ 
proval. If he approves a bill he will sign it and it then 
becomes a law. If, on the other hand, he deems it to be 
against the best interests of the Nation, or in violation 
of the Constitution, he will return it to Congress with a 
veto message. Should it now pass both houses by a 
two-thirds vote it will become a law in spite of the 
President’s veto. If the President fails to sign the bill 
within ten days, Sundays excepted, after it is sent to 
him, it becomes a law without his approval, provided 


CIVICS: TEXAS AND FEDERAL 243 



President Taft, in his office at the White House, signing the bill 
admitting Arizona as the Forty-eighth State. 


Congress does not adjourn before the expiration of the 
ten days. Bills which are sent to the President during 
the last ten days of a session of Congress may fail to 
become laws though he neither signs nor vetoes them. 
The failure of bills in this way is termed a “pocket veto.” 

THOUGHT QUESTIONS 

1. When and where was the First Congress organized un¬ 
der the present Constitution? 

2. What is the number of the present Congress? 

3. Upon what day does Congress annually begin its regular 
session? 

4. What is meant by the “short session?” The “long ses¬ 
sion?” 

5. What is the maximum length of the “short session?” 
The “long session?” 

6. Where does Congress meet? 

7. Under what conditions can the President temporarily 
change the place of meeting? Has he ever done it? 












244 


CIVICS: TEXAS AND FEDERAL 


8. Tell how a new Congress is organized. When is the next 
new Congress organized? 

9. What is the procedure in getting a bill before Congress 
for action? 

10. What is meant by a “minority report?” 

11. Describe the three methods of voting in the House of 
Representatives. 

12. How may the House be forced to take a “yea and nay” 
vote? 

13. What is the object of a “yea and nay” vote? 

14. When is a bill said to be “killed in the committee?” 

15. What is meant by placing a bill on the calendar?” 

16. What is a “conference committee?” 

17. State the steps in enacting a law. 

18. What is a “pocket veto?” 

19. What constitutes a legislative day? 

20. What is meant by filibustering? 


CHAPTER VII 

POWERS OF THE SEPARATE HOUSES 

Eligibility of Members.— 

“Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall 
constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such 
penalties as each house may provide.” (Art. I. Section 5.) 

We have learned that each branch of the State Leg¬ 
islature is the judge of the eligibility of its members. 
The same thing is true with Congress. Even though a 
member is armed with a certificate of election from the 
authorities of his State, that does not prevent an inves¬ 
tigation of his eligibility to membership. If after a 
careful public hearing by a committee of the house to 
which he claims election, it is found that he does not 
possess the necessary qualifications, or that he obtained 
his election through fraud or by unlawful means, or 
that he was not entitled to the certificate of election, he 
will be refused admittance or be unseated. Contested elec¬ 
tions are often settled by strictly partisan votes, conse¬ 
quently some advocate that the Supreme Court should 
decide such cases. 

A Quorum.—According to the Constitution a major¬ 
ity of the members of either house must be present in its 
chamber to enable it to transact business. This ma¬ 
jority constitutes a quorum. In the House of Repre¬ 
sentatives fifteen members and the Speaker can order 
the arrest of absentees. This is known as a “Call of 
the House.” It is the duty of the sergeant at arms to 
send after the absent members and to compel them to 
attend. Formerly the presence of a quorum was indi¬ 
cated by the number of votes cast on a question. Fre¬ 
quently there would be a majority of the members in 
the House, but enough would decline to vote to “break 
the quorum,” and thus prevent the transaction of busi- 


245 


246 


CIVICS: TEXAS AND FEDERAL 


ness. But now a quorum is determined by counting all 
the members present. This is done by closing the doors 
and calling the roll. The names of those absent without 
excuse are noted and given to the sergeant at arms, who 
summons them in person or by messenger. 

Rules of Procedure.— 

“Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the con¬ 
currence of two-thirds, expel a member. 

“Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may in their judgment require secrecy; and the yeas and nays 
of the members of either house on any question shall, at the 
desire of one-fifth of those present, be entered on the journal.” 
(Art. I. Section 5.) 

When members violate the rules of their house they 
are censured by resolutions; or if the offense is suffi¬ 
ciently serious, they are called to the “bar of the house"’ 
for trial by their colleagues. In each house a corps of 
stenographers report every word uttered. The “Congres¬ 
sional Record” is a journal published every day that 
Congress is in session. It contains a verbatim report of 
every speech made in all public sessions. Frequently per¬ 
mission is given to Congressmen to publish in the “Rec¬ 
ord” speeches that they have not delivered, but which 
they have written for the benefit of their constituents. 
This is called “speaking to Buncombe,” for the reason 
that it is supposed to have originated many years ago 
with the member representing Buncombe County, North 
Carolina. Many copies of the “Congressional Record” 
are sent to all parts of the country that the people may 
know what their representatives are doing. 

Adjournment.— 

“Neither house, during the session of Congress, shall, with¬ 
out the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses shall 
be sitting.” (Art. I. Section 5.) 

The Constitution grants the President power to ad¬ 
journ Congress, when there is disagreement between the 


CIVICS: TEXAS AND FEDERAL 


247 


two houses with respect to the time of adjournment. 
This power has never been exercised. 

Salaries of Members.— 

“The Senators and Representatives shall receive a compensa¬ 
tion for their services, to be ascertained by law, and paid out 
of the treasury of the United States.” (Art. I. Section 6.) 

The salary of members of each house is fixed by Con¬ 
gress. Congress may raise these salaries to take effect 



Photograph by Clinedins' . 

Office of the Sergeant at Arms where the Representatives receive 
their Salaries. Notice the Photographs of the 
Members on the Wall, 












248 


CIVICS: TEXAS AND FEDERAL 


at the beginning of that Congress, at the time of passing 
the measure, or at any desired future time. Representa¬ 
tives and Senators receive $7500 a year. They are also 
allowed twenty cents a mile for every mile traveled in 
going to and returning home from a session of Con¬ 
gress. In addition each member is allowed a fixed 
amount for a clerk, and for such supplies as newspapers, 
stationery, etc. He is also allowed to send through the 
mails all his official correspondence free of postage. 
This is known as “franking.” The Speaker of the House 
of Representatives and the President pro tempore of the 
Senate receive a salary of $12,000. 

Immunities of Members.— 

“They shall in all cases, except treason, felony, and breach 
of the peace, be privileged from arrest during their attendance 
at the session of their respective houses, and in going to and 
returning from the same, and for any speech or debate in either 
house, they shall not be questioned in any other place." (Art 1. 
Section 6.) 

Members of Congress enjoy the same privilege a? to 
freedom from arrest, and freedom from being ques¬ 
tioned outside of their legislative halls for anything 
that they may say within them, that members of our 
State Legislature do.* This feature of our Constitu¬ 
tion was copied from old English laws protecting the 
members of the House of Commons. These exemptions 
were deemed necessary to preserve the full represen¬ 
tation of each State and to give perfect freedom in the 
discussion of all public measures. 

Disqualification of Members.— 

“No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been cre¬ 
ated, or the emoluments whereof shall have been increased 
during such time; and no person holding any office under the 
United States, shall be a member of either house during his 
continuance in office." (Art. I. Section 6.) 


*See State Government, Page 31. 



CIVICS: TEXAS AND FEDERAL 


249 


The framers of the Constitution were afraid that the 
Federal Government would have too much influence in 
Congress if any of its office holders were allowed to be 
members. In this clause they discarded English pre¬ 
cedent, for the members of the British Cabinet are also 
members of Parliament. High officials of our govern¬ 
ment may, however, influence Congress by appearing 
before its committees and giving advice. 

Revenue Bills.— 

“All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with 
amendments as on other bills.” (Art. I. Section 7 .) 

This clause carries us back to England again. We re¬ 
member that one of the causes of the Declaration of In¬ 
dependence was that Parliament imposed taxes on the 
colonists without their being represented. It was a prin¬ 
ciple of English law that the people who had to pay the 
taxes should levy them through their representatives. 
The House of Commons originated revenue bills and the 
House of Lords amended or concurred in them. This 
plan worked so well in England that it was made a part 
of our Constitution. As bills for raising revenue are of 
greater interest to the people than any others, and as 
representatives are supposed to voice the sentiments of 
their constituents, these bills very properly originate in 
the “lower house.” By custom, too, general appropria¬ 
tion bills also originate there and are amended in the 
Senate. 

THOUGHT QUESTIONS 

1. What constitutes a quorum? 

2. How is a quorum determined in the House of Repre 
sentatives? 

3. Can the sergeant at arms arrest a representative if he 
should find him at his home in Texas? 

4. Can either house punish, for cause, persons who are not 
members of it? 

5. Where do revenue bills originate? 

6. State the immunities of members of Congress, and give 
a reason for each. 


CHAPTER VIII 

FEDERAL TAXATION 

Importance of Taxation.— 

“The Congress shah have power: . 

“To lay and collect taxes, duties, imposts and excise, to 
pay the debts and provide for the common defense and gen¬ 
eral welfare of the United States; but all duties, imposts and 
excises shall be uniform throughout the United States. (Art. I. 
Section 8.) 

As we learned in studying the government of our 
State, the expenses of the government must be borne by 
the people enjoying its protection in their personal, 
property, social, and political rights. The equitable ap¬ 
portionment of these expenses in the form of taxes is a 
vital phase of government. The Articles of Confedera¬ 
tion had failed mainly because they did not confer on 
Congress the power to levy and collect taxes. The 
framers of the Constitution recognized the importance 
of this function of government, and the power of Con¬ 
gress to enact equitable taxation laws was the first of 
the eighteen specified powers given to it. 

Kinds of Taxes. —There are two kinds of taxes—• 
direct taxes and indirect taxes. Direct taxes are levied 
on the individual who it is intended shall pay them. 
They are either poll taxes imposed at so much a head, 
or property taxes levied on property at a specified rate. 
Indirect taxes are such as are levied on individuals with 
the expectation that they will make others pay them 
by an indirect process. They are known as duties 
or imposts when levied on goods brought into the coun¬ 
try from foreign countries, and excises or internal reve¬ 
nue taxes when imposed on the manufacture and sale of 
certain articles, or on licenses to carry on certain busi¬ 
nesses. 

Direct Taxes.— 

“Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, 
according to their respective numbers.” (Art. I. Section 2..) 


250 


CIVICS: TEXAS AND FEDERAL 


251 


“No capitation, or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration herein before directed to 
be taken.” (Art. I. Section 9.) 

We do not have any direct taxes today, as they would 
fall very inequitably on the States. California and North 
Carolina would have to pay about equal amounts, and 
yet the wealth of California in 1911 was four times that 
of North Carolina. They have only been enacted three 
times in the history of our country. The last time was 
during the Civil War. 

Income Taxes. —These are taxes levied on a man’s 
income. They are now considered by the Supreme Court 
as direct taxes. During the Civil War Congress levied 
such taxes. They were graduated so that the rate was 
in proportion to the income. In 1862 the rates were as 
follows: 


Below $600 .exempt. 

$600-$5,000 .5% 

$5,000-$10,000 . 7y 2 % 

Above $10,000 .10% 


As the Supreme Court has declared them unconstitu¬ 
tional, unless apportioned as direct taxes, Congress sub¬ 
mitted to the States, in 1909, an amendment to the Con¬ 
stitution authorizing them. It is as follows: 

“The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment 
among the several States, and without regard to any census or 
enumeration.” 

The Legislatures of thirty-six States have ratified this 
amendment and it has become a law, binding upon all of 
the States, although several States have refused to ratify 
it. 

Duties and Their Collection. —In 1911 the United 
States collected over three hundred million dollars in 
duties or “customs” levied on articles imported from 
other countries. Congress provides in a “tariff law” 
what duty each article, that is dutiable, shall pay. There 
are two kinds of duties—specific and ad valorem. A 






252 CIVICS: TEXAS AND FEDERAL 

specific duty is a specified sum levied on a particular 
article by the pound, yard dozen, etc. An ad valorem 
duty is one levied on an article at a specific percentage 
of its value. The following table shows the duties on 
some common articles: 

Gloves, $1.25 to $5.80 a dozen. 

Toys, 35 per cent ad valorem. 

Books, 25 per cent ad valorem. 

Champagne, $9.60 a dozen quarts. 

Lemons, lj4c a pound. 

Candy, 50 per cent ad valorem. 

Shingles, 50c a 1,000. 

Coal, 45c a ton. 

Boots and shoes, 15 per cent ad valorem. 

Woolen clothing, 44c a pound and 60 per cent ad valorem. 
Woolen carpets, 10c a square foot and 40 per cent ad valorem. 
Silk wearing apparel, 60 per cent ad valorem. 

Cigars, $4.50 a pound and 25 per cent ad valorem. 

Potatoes, 25c a bushel. 



Ferry Landing at Brownsville. This ferry plies between Browns¬ 
ville, Texas, and Matamoros, Mexico. The house at the right 
is where the United States Immigration Officers exam¬ 
ine people crossing over from Mexico, and the one 
at the left is where the United States Cus¬ 
toms Officers inspect their baggage. 



CIVICS: TEXAS AND FEDERAL 


253 


At all important places along the frontier of the coun¬ 
try there are stationed officers whose duty it is to col¬ 
lect the customs. They are called “collectors of cus¬ 
toms,” and they are assisted by inspectors, who examine 
all goods coming into the country. The places where 
these officials are stationed are known as ports of entry, 
and in each of them there is a custom house where the 
duties are collected. Any one coming into the country 



Copyrighted by Underwood and Underwood. 

Examination of Baggage at the Pier of one of the Transatlantic 
Steamship Lines in New York. 


must open his baggage when he reaches a port of entry 
so that it may be inspected. If he has anything that is 
dutiable he must declare it under oath. To fail to de¬ 
clare such articles makes one guilty of smuggling, which 
is the crime of trying to import articles without paying 
the duty on them. The smuggled goods are seized, and 
the offender is subject to fine, or imprisonment, or both. 



254 


CIVICS: TEXAS AND FEDERAL 


The Internal Revenue. —In 1911 the excises collected 
by the government amounted to $322,000,000. The 
country is divided into sixty internal revenue districts, 
each of which is in charge of a “collector.” These taxes 
are levied ©n manufacturers of and dealers in liquors, 
tobacco, oleomargarine, playing cards, etc. During the 
Spanish-American war, telegrams, bank checks, and 
legal documents were also taxed. Most of the in¬ 
ternal revenue is paid by means of stamps affixed to 
the whisky barrel, cigar box, playing cards, etc. “Moon¬ 
shiners,” with whom the Government has so much 
trouble in the mountains of North Carolina, Tennessee, 
Kentucky, etc., are men who make whisky and sell it 
without paying the tax. Corporations are also com¬ 
pelled to pay a tax of one per cent of their net profits. 

Political Parties and Taxation. —It is natural that so 
important a function of government as taxation should 
cause much difference of opinion. Ever since the gov¬ 
ernment was organized, there have been some who be¬ 
lieved in raising the revenue by direct taxes and others 
who advocated the advantages of indirect taxes. Those 
who favor indirect taxation are classified as believers in 
“High Protection” when they favor duties made so 
high that imports are practically prohibited; and in a 
“Tariff for Revenue Only,” when they favor only such 
duties as are necessary to provide funds for the expenses 
of the government. The Republican Party is the cham¬ 
pion of “high protection” and the Democratic Party of 
a “tariff for revenue only.” Owing to the constantly 
increasing cost of living the people are demanding lower 
duties on the necessities of life. So it is not unlikely 
that this country will have eventually a tariff for reve¬ 
nue only. 


CIVICS: TEXAS AND FEDERAL 


255 


THOUGHT QUESTIONS 

1. What is a tax? 

2. What are the two kinds of taxes? Illustrate each. 

3. Give reasons for and against the justice of a poll tax.. 

4. What is an income tax? 

5. Has an income tax ever been collected in the United 
States? 

6. Why was the last income tax law declared unconstitu¬ 
tional ? 

7. An income tax amendment was before the States for adop¬ 
tion from 1909 to 1913. Has it been adopted? 

8. What is a tariff? Internal revenue? 

9. What is an inheritance tax? 

10. What is the difference between a tax and a license? 

11. What is a specific duty? An ad valorem duty? 

12. What are the three penalties that may be imposed on 
any one who conceals dutiable goods? 

13. Upon what is the internal revenue collected? 

14. What is a protective tariff? 

15. What is meant by “tariff for revenue only?” 

16. The average citizen pays a much greater indirect tax 
than direct tax. Prove the statement. 

17. What is meant by free trade? 


CHAPTER Di 


OTHER POWERS OF CONGRESS 
To Borrow Money.— 

“To borrow money on the credit of the United States." (Art. 
I. Section 8.) 

When the United States borrows money it gives as 
security a bond bearing a specified rate of interest. It 
is stated in each bond just when it falls due, though 
some of them are redeemable before their maturity, at 
the option of the government. On November 1, 1911, 
the bonded indebtedness of the United States was $963,- 
349,390. 

Regulating Commerce.— 

“To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes." (Art. I. Section 8.) 

We have learned that to regulate commerce was one 
of the principal reasons for calling the convention that 

eventually 
framed the 
Constitution. It 
is by virtue of 
this clause that 
Congress pro¬ 
vides life sav¬ 
ing s t a t i o ns 
and light 
houses along 
the coast to 

Life Saving Station, Galveston, showing the 

Life Boat about to be launched. protect navi¬ 

gation; that it 

appropriates money to dredge rivers, deepen har¬ 
bors, and build jetties; that it creates boards to exam¬ 
ine and license pilots and engineers, and to inspect all 
kinds of vessels carrying passengers to see that they are 
provided with sufficient life preservers and life boats 



256 





CIVICS: TEXAS AND FEDERAL 


25? 


and that they comply with other requirements of the 
law. Congress has established “Indian reservations,” 
and prohibits the sale of liquors to those living on them. 
It has passed many laws affecting interstate commerce 



One of the Jetties That Extends Far Out Into the Gulf of Mexico 
and Keeps the Sand From Filling Up Galveston Harbor. 

The Jetties Confine the Current to a Narrow 
Channel and the Sand Is Swept Out 
to Sea. 


and has the right to deny the privilege of shipping goods 
beyond the limits of the States where they are produced, 
to any person or corporation violating these laws. In 
this way many trusts have been broken up, the pure food 
laws are enforced, and the inspection of all meats and 
packing house products is required. 

The Interstate Commerce Commission. —In order to 
control the railway, telegraph and telephone companies, 
the pipe lines through which oil is transported, and the 



258 


CIVICS: TEXAS AND FEDERAL 


express and sleeping car companies, Congress created 
this Commission. It consists of seven members, each of 
whom receives a salary of $10,000 a year. It has power 
to. hear complaints against the railroads, to correct 
abuses, to prevent pooling and raising rates, and to 
force them to publish and maintain fixed rates so as 
to prevent discrimination, to see that they do not violate 
the anti-pass law or the law regulating the hours of 
labor of railway employes, to see that they comply with 
all safety device laws, and to investigate accidents occur¬ 
ring on them. The Interstate Commerce Commission 
has no power over railroads that operate wholly within 
a single State. 

Requirements of Sea Captains. —Every vessel that 
sails the sea, either to carry passengers or freight, must 
fly the flag of some nation. When it is ready to sail on 
its first voyage it is registered with the government 
whose flag it flies. It frequently happens that sailing 
vessels and “tramp steamers,” i. e., ones that have no 
regular sailings but go wherever their cargo requires, 
reach their home ports only at intervals of years. Ves¬ 
sels of any nation that come from foreign ports may 
enter the ports of the United States and discharge their 
cargoes, and take on others designed for any foreign 
ports. But only vessels registered in this country can 
engage in domestic commerce, i. e., ply between our 
own ports. Because of this, Canadian vessels sailing on 
the Great Lakes and the St. Lawrence River can not 
carry passengers and freight between two places in the 
United States. When a vessel coming from a foreign port 
enters one of our harbors it stops at the quarantine sta¬ 
tion where a federal health officer boards it. If it be 
found free from contagious diseases it is allowed to 
proceed to its wharf. There it is met by immigration 
officers and the inspectors of customs. Every alien, 


CIVICS: TEXAS AND FEDERAL 


259 



i. e., foreigner entering the United States to make it his 
home, must pay a tax of four dollars, and besides, must 
be free from certain diseases, and provided with suf¬ 
ficient means so as not to be likely to become dependent 
on charity. It is the work of the immigration officers 
to enforce these regulations. As soon as his vessel ar¬ 
rives at the wharf the captain must go to the custom 


Custom House, Galveston. 

house and enter her, which consists in reporting to the 
collector of customs, filing a statement of the cargo, etc. 
When a vessel is ready to sail, her captain applies to the 
custom house for clearance papers. These show that 
the harbor fees have been paid and that permission has 
been granted to the vessel to sail for a specified port. 
Naturalization.— 

“To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States.” (Art. I. Section 8.) 






260 


CIVICS: TEXAS AND FEDERAL 


Naturalization is the formal procedure of giving 
American citizenship to foreigners. Foreigners may be 
naturalized collectively or individually. When foreign 
territory is annexed to the United States all its inhab¬ 
itants, except semi-civilized tribes, become American 
citizens immediately. The annexation of Texas, the 
Louisiana Territory, and Hawaii, are good illustrations 
of collective naturalization. Negroes in the slave hold¬ 
ing States had not been regarded as citizens prior to the 
adoption of the Fourteenth Amendment. This amend¬ 
ment naturalized all the former slaves collectively: 

“All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside.” (Amendment 
XIV.) 

Since the organization of the government over twenty- 
nine million immigrants have been admitted to this coun¬ 
try and they are still coming in large numbers. In 1911, 
878,587 were allowed to enter. Most of these immi¬ 
grants eventually become citizens by individual natural¬ 
ization. The mode of procedure is as follows: 

a. The applicant must declare upon oath in a court of record, 
his intention to become a citizen of the United States, and re¬ 
nounce allegiance to any foreign ruler. The clerk of the court 
then gives him a certificate certifying to this declaration. This 
“declaration of intention” can be made as soon as he arrives 
in the country. 

b. Not less than two years after this declaration, and not less 
than five years after be becomes a continuous resident of the 
United States, and not less than one year after he becomes a 
resident in the State or Territory in which he then resides, 
he must prove to a court of record by a competent witness, 
that he has complied with these requirements as to residence; 
that he has maintained a good character; and that he has 
been loyal to the government of the State and Nation. 

c. He must swear allegiance to the United States and re¬ 
nounce allegiance to his former ruler and Nation, and also re¬ 
nounce any title of nobility he may have held in his former 
country. 

d. A record is then made of these proceedings and a certifi- 


CIVICS: TEXAS AND FEDERAL 261 



cate is given him certifying his compliance with all requirements 
of the naturalization laws and declaring him a citizen of the 
United States. 

Foreigners who have served in the army of the United 
States one year and received an honorable discharge, 
may become 
citizens on ap¬ 
plication, with¬ 
out any pre¬ 
vious declara¬ 
tion of inten¬ 
tion. When an 
alien becomes 
a citizen his 
wife and mi¬ 
nor children 
living with 
him also be¬ 
come citizens. 

An alien who 
has resided in 
the United 
States three 
years next pre¬ 
ceding his ar¬ 
riving at the 
age of twenty- 
one years can 
become a citizen after a residence of two more years. 
The children born in this country of unnaturalized 
foreign parents are citizens of the United States. 
This applies to Chinese children even though their 
parents are excluded from the privilege of becoming cit¬ 
izens. Only foreign born persons of the white and 
the African races can be naturalized. The inhabitants 
of the Philippines and of Porto Rico are entitled to 


Copyrighted by Underwood and Underwood. 

Immigrants leaving Ellis Island for New York 
City, after being passed by the Immi¬ 
gration Officers. 














262 


CIVICS: TEXAS AND FEDERAL 


the protection of our government but not to the privilege 
of citizenship, until those possessions are organized as 
Territories or admitted as States. No alien can vote 
in any State until he has secured his “declaration of 
intention” certificate. 

In order to protect the Nation from unfriendly resi¬ 
dent foreigners, seeking citizen rights in order to influ¬ 
ence governmental policies, Congress, in 1798, passed a 
new naturalization act, making a residence of fourteen 
years necessary before the granting of full citizenship 
to foreigners. This act was changed to a five-year re¬ 
quirement by Congress in 1802. 

Bankruptcy. —When a person can not pay his 
debts he is said to be insolvent. An insolvent person 
or corporation, except a bank, insurance company, or 
municipal railway, that owes debts amounting to $1,000 
or more, and has defaulted in payments, may be 
adjudged bankrupt. Commercial honesty demands that 
a bankrupt’s property be divided equitably among 
his creditors. As most bankrupts have creditors 
in several States, the bankruptcy laws should be 
uniform. This can not be secured through the 
action of the individual States. Congress, therefore, 
was given the power to enact bankruptcy laws. 
The insolvent (of his own accord) may file with the 
court a list of his assets and debts and ask to be ad¬ 
judged a voluntary bankrupt; or his creditors may al¬ 
lege that he cannot pay his debts and ask that he be ad¬ 
judged an involuntary bankrupt, to prevent him from 
defrauding them. If after an investigation, the court 
believes that he is insolvent, it will appoint a trustee to 
sell his property and to distribute the proceeds among 
the creditors. Before any money can be paid to the 
creditors the proceeds must be used to pay 

1st. Al 1 unpaid taxes. 

2nd, The cost of bankruptcy. 

3rd. Wages due workmen. 


CIVICS: TEXAS AND FEDERAL 


263 


The purpose of bankruptcy is to release a bankrupt 
from his debts so that he may be encouraged to begin 
saving money again. If he felt that any property he might 
acquire would be seized to pay old debts, he might be¬ 
come discouraged and cease all earnest effort to save 
money. Therefore, within twelve months from the time 
he was adjudged a bankrupt, the court may release him 
from bankruptcy and give him a fresh start in life. In 
Texas, in addition to the ordinary allowance for tempo¬ 
rary living expenses, the homestead of the bankrupt is 
free from the claims of his creditors. 

To Coin Money.— 

“To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures.” (Art. I. 
Section 8.) 

When a person goes from one country to another he 
has to suffer tho inconvenience of changing money, as 
well as considerable loss. At the time the Consti¬ 
tutional Convention met, many different kinds of coins 
and paper money were in use in the different States. 
This tended to hamper trade. In order that the same 
coins might have the same value in all the States this 
power was given to Congress. The coins of the United 
States are: 

Gold. Silver. 

Double Eagle .($20.00) One Dollar .($1.00) 

Eagle .($10.00) Half Dollar .($ .50) 

Half Eagle .($ 5.00) Quarter Dollar.($ .25) 

Quarter Eagle.($ 2.50) Dime .($ .10) 

Subsidiary Coins: Nickels ($ .05), and One-Cent pieces. 

All gold coins and silver dollars are legal tender, 
in payment of all debts. If the debt is ten dollars or 
less it can be paid in half dollars, quarter dollars, or 
dimes. Debts of 25 cents or less can be paid in nickels 
or in one-cent pieces. The places where coins are made 
are called mints. The United States maintains mints 
at Philadelphia, New Orleans, Denver, and San Fran¬ 
cisco. A mint will coin for any citizen all the gold that 










264 


CIVICS: TEXAS AND FEDERAL 



Photogiaph by Rau. 


The New United States Mint, Philadelphia. 

he sends to it, only charging him for the alloy used to 
harden the coins. This is known as free coinage of gold. 
The alloy in gold and silver coin is copper, and makes 
up one-tenth of their weight. The government also 
issues paper money called currency. This consists of 
gold and silver certificates, U. S. treasury notes, and 
national bank notes. There is kept in the treasury 
enough gold or silver to make coins sufficient to re¬ 
deem every outstanding gold and silver certificate, hence 
their name. The total stock of money in the country 
on October 2, 1911, was $3,598,315,046. 

National Banks. —National banks are created and reg¬ 
ulated by laws passed by Congress. They are under the 
direction of the Comptroller of the Currency. They are 
safeguarded through systematic inspection by bank ex¬ 
aminers. By depositing U. S. bonds with the treasurer 
of the United States, national banks are allowed to 
issue bank notes to an amount equal to one hundred 
per cent, of the par value of these bonds, but the Gov¬ 
ernment requires that banks deposit with the treasurer 
of the United States five per cent, of these bank 
otes as a redemption fund. Should a national bank 









CIVICS: TEXAS AND FEDERAL 


265 


fail, the government at once redeems all the bank’s out¬ 
standing notes, using these bonds to reimburse itself. 
There were 7,163 national banks in the United States on 
September 1, 1911. 

Weights and Measures. —Congress has never fully ex¬ 
ercised its power to establish a uniform system of 
weights and measures. The English system of pounds, 
yards, gallons, and bushels, is in common use throughout 
the country, and has been adopted by Congress for use 
in the custom houses. At Washington, there is kept a 
very delicate set of these weights and measures, and 
duplicates of them are furnished to each of the States. 
In this way, uniformity is maintained throughout the 
entire country. Congress has also legalized the use of 
the metric system of weights and measures. It is widely 
used in many other countries. 

C ounterf eiting.— 

“To provide for the punishment of counterfeiting the securities 
and current coin of the United States.” (Art. I. Section 8.) 

Counterfeiting is the crime of imitating any of the 
coins or securities of the United States, with a view to 
passing them as original, and thus defrauding the gov¬ 
ernment. As the innocent possessor of counterfeit coins 
and securities is the loser, it is essential that the laws 
against counterfeiting should be stringent, and that the 
officers should be alert and active in ferreting out and 
punishing those violating them. As a matter of fact, 
they are the best enforced of all our federal laws. 

To Establish Post Offices.— 

“To establish post offices and post roads.” (Art. I. Sec¬ 
tion 8.) 

We have learned that the Continental Congress pro¬ 
vided for carrying the mails. Before that they were 
carried at irregular intervals by postmen, who waited 
until they collected enough letters to make the trip prof¬ 
itable. In 1843 the postage on a single sheet of paper 


266 


CIVICS: TEXAS AMD FEDERAL 



WIH* 


for any distance less than thirty miles was six cents, 
and it cost twenty-five cents to send a letter from Boston 
to Philadelphia. Postage stamps were first used in 
r 1 84 7. Today 

the postal sys¬ 
tem is the most 
complex and 
extensive of all 
govern ment 
u n dertakings. 
It affects per¬ 
sonally our en¬ 
tire people, 
bringing those 
living in far 
distant States 
into closer re¬ 
lations. The 
59,237 post of¬ 
fices, in 1911, 

were under the supervision of the Postmaster General, 
assisted by thousands of officials. The postmasters of 

7 9 9 4 of these 
postoffices are 
appointed by the 
President on the 
advice of the 
congressmen i n 
whose districts 
they are located, 
or of prominent 
members of the 
political party to 
which the Presi- 
Post Office, San Antonio. dent belongs. The 


A Letter Mailed Before the Days of Postage 
Stamps. The Postmaster Wrote on It the 
Amount of Postage Paid. It Cost 
Ten Cents to Carry This Letter 
About Fifty Miles. 



CIVICS: TEXAS AND FEDERAL 


267 


postmasters of the smaller places are appointed by 
the postmaster general. Every road on which the 
mails are being carried is a post road and is under 
the control of the Federal Government whenever the 
passage of mails is involved. For this reason the mail 
trains are operated on a railway, even when the employees 
are on a strike and have tied up all other traffic. In 
1897, the first rural free delivery mail routes were estab¬ 
lished, but since then they have increased in number 
until there are over forty thousand of them. In order 
to have the benefit of rural free delivery, the Govern¬ 
ment requires that the roads shall be kept in such con¬ 
dition that the mail carriers can travel them without 
difficulty throughout the year. 

The Parcels Post. —In many foreign countries parcels 
of any kind and of any reasonable weight are carried in 
the mails at very low rates. This is known as the par¬ 
cels post and takes the place very largely of express 
companies. In the United States, parcels weighing not 
over eleven pounds can be forwarded by mail to many 
foreign countries at a cost of only twelve cents a pound. 
In 1912 Congress passed a law establishing a parcels 
post for the benefit of people living in this country. The 
United States is divided into zones, or districts, and the 
rates charged vary according to the distance the pack¬ 
age is carried. 

Postal Savings Banks. —In 1910, Congress passed a 
law providing that the post offices might care for the 
savings of their patrons. This has been a part of the 
work of the post offices of several European countries 
for years and has encouraged thrift on the part 
of those who would otherwise not be likely to save their 
earnings. Postal savings departments are being added 
to many post offices each year. Money deposited re¬ 
ceives two per cent, interest, payable semi-annually. 
The government lends this money to national banks 


268 


CIVICS: TEXAS AND FEDERAL 


located in the same district where it is deposited, and is 
paid by them 2^4 per cent, interest. Postal savings 
banks are popular with many people because their de¬ 
posits are absolutely safe from loss. 

Patents and Copyrights.— 

“To promote the progress of science and useful arts, by se¬ 
curing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries.” (Art. I. 
Section 8.) 

Patents and copyrights are documents by which in¬ 
ventors and authors are given exclusive control of the 
sale of their inventions or books for a sufficient period 
of time to remunerate them for the labor, genius, and 
money they have put into them. Some men spend many 
years and much money in making inventions, or in writ¬ 
ing books. If they were not protected in the exclusive 
right to their sale, there would be no material incentive 
to produce new books, or new inventions, which are 
often of great value to the world. 

How to Procure a Patent.—When a person has in¬ 
vented some article which he wishes to patent, he sends 
a full description of it, often accompanied by a model 
or drawings, to the Patent Office at Washington. In 

his application he 
makes oath to the 
statement that he 
believes himself to 
be the first inven¬ 
tor of this particu¬ 
lar article, and sets 
forth what new fea¬ 
tures it possesses. 
The Patent Office 
The Patent office. then investigates 

his claims, and if it finds that the invention is new, it 
grants him a patent. Patents give inventors the exclusive 
right to manufacture and sell their inventions for a period 
of seventeen years. They may be renewed for seven years. 







CIVICS: TEXAS AND FEDERAL 


269 


The Patent Office charges $15 for filing an application 
for a patent, and $20 for issuing a patent. When an 
inventor wishes to protect an invention on which he is 
working, he files a caveat (ka've at), which grants him 
one year of protection in which to complete his inven¬ 
tion. 

How to Secure a Copyright. —The Copyright Office is 
located in the Library of Congress. It is in charge of 
the Registrar of Copyrights. Books, periodicals, and 
newspapers, lectures and sermons for oral delivery, 
music, maps, photographs, and works of art may be 
copyrighted. To secure a copyright, one must file with 
the Copyright Office, on or before the day of publica¬ 
tion, a printed copy of the title of what he wishes copy¬ 
righted. As soon as the book, periodical, map, etc., is 
published two copies of the best edition must be filed 
with the Librarian of Congress. On every copy printed 
must be a notice reading “Copyrighted (year of publica¬ 
tion) by (name of person).” The fee for granting copy¬ 
rights is one dollar. They give the authors exclusive 
right to publish and sell their productions for a period of 
twenty-eight years, and may be extended fourteen years. 
Books printed in the English language are granted copy¬ 
rights, only when the typesetting, printing, and binding, 
was done in the United States. 

The Library of Congress. —This great library had its 
beginning in 1800, but was destroyed by fire at the time 
of the burning of the Capitol in 1814. Since then it has 
grown steadily until it is the third finest in the world. 
It is housed in one of the largest and most beautiful 
buildings in Washington. Its floor space is equal to 
about eight acres and it has nearly fifty-six miles of 
book shelves. In 1911, it contained nearly 1,900,000 
books and pamphlets. It is connected with the Capitol, 
a quarter of a mile away, by a tunnel. So rapidly are 
books carried through this tunnel that in three minutes 


270 


CIVICS: TEXAS AND FEDERAL 



The Congressional Library. 

from the time the request is received at the Library, the 
books are delivered on the desks of the members of 
Congress. 

To Establish Courts.— 

“To constitute tribunals inferior to the Supreme Court.” (Art. 
I. Section 8.) 

It was impossible for the Supreme Court to hear all 
federal cases, even when the government was first inaug¬ 
urated, so Congress passed an act in 1789, providing for 
district courts and circuit courts. Since then other courts 
have been created as the work of the government be¬ 
came more complex. We shall learn more about them 
in Chapter XIV. 

To Punish Piracy and Other Crimes.— 

“To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations.” (Art. I. 
Section 8.) 

When our government was organized, piracy, or the 
crime of robbery on the high seas, was still practiced in 
some parts of the world by villainous men, who sailed 
in vessels flying no nation’s flag. The jurisdiction of a 
State only extends to low-water mark. For three miles 






CIVICS: TEXAS AMD FEDERAL 


271 

beyond that the Nation exercises jurisdiction. In order 
that there might be some provision for punishing pirates 
captured on the high seas, this power was vested in Con¬ 
gress. After 1820, any American citizen, or American 
vessel, engaging in the slave trade was declared guilty 
of piracy. Piracy has always been punishable with 
death. Any one who commits a crime on a vessel that 
fiies our flag is tried in United States courts, unless that 
vessel happens to be in waters under the jurisdiction of 
some State, or of some foreign nation. 

To Declare War.— 

“To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water.” (Art. I. 
Section 8.) 

Whether Congress or the President should have the 
right to declare war was one of the hard questions for 
the Constitutional Convention to decide. In European 
countries the ruler generally has this right. As in our 
country the government is vested in the people, this 
right was finally given to Congress. War was declared 
against England in 1812, and against Spain in 1898, but 
the Mexican War was brought on without any declara¬ 
tion. In time of war, it was formerly customary to grant 
authority to private vessels to roam the high seas for 
the purpose of preying on the commerce of the enemy. 
The authority given these vessels, or privateers, is 
known as a letter of marque. Without it, the men sail¬ 
ing these vessels would be treated as pirates, if captured. 
President McKinley refused to grant letters of marque 
during the Spanish-American war, and the nations of 
Europe have agreed to abolish privateering. 

Contraband of War. —No private vessels can carry ar¬ 
ticles needed to wage war, such as arms, munitions, mules 
and horses, and in some cases even provisions, to any 
nation engaged in war. Such articles are known as 
contrabands of war and any vessel carrying them is lia- 


272 


CIVICS: TEXAS AND FEDERAL 


ble to be seized, regardless of what flag it flies, if 
caught by the warships of the opposing nation. Such 
seizures can not be made in the harbors of neutral na¬ 
tions. The contraband articles are confiscated and then 
the vessel is released, unless it belongs to the owner of 
the contraband goods. 

To Maintain an Army and Navy.— 

“To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years. 

“To provide and maintain a navy. 

“To make rules for the government and regulation of the land 
and naval forces.” (Art. I. Section 8.) 

We have already learned that the United States main¬ 
tains a standing army. The President is commander in 



BATTLESHIP “TEXAS.” 

Launched May 19, 1912, at Newport News, Va. Length 573 Ft., 
Breadth 95 Ft. 2l/ 2 In. Average Depth Below Water Line 28 
Ft. 6 In. Speed 21 Knots an Hour (About 24 Miles). Cost 
$5,830,000, Exclusive of Armament and Equipment. 

Manned With 63 Officers and 1009 Men. 

chief of the army and navy, but the actual control of 
both is vested in various officers trained for the pur¬ 
pose. Congress has passed regulations providing for 
the organization of the army and navy, prescribing the 
tactics to be used in drills, defining the various offenses 
against the military and naval laws, and providing for 
the organization of courts-martial to try all those 
charged with violating these laws. The United States 
is the third naval power in the world, her navy being 









CIVICS: TEXAS AND FEDERAL 


273 


excelled only by those of Great Britain and Germany. In 
1911 it cost $280,073,620 to maintain the army and navy. 

To Provide for a Militia.— 

“To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections and repel invasions; 

“To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be em¬ 
ployed in the service of the United States, reserving to the 
States respectively, the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress.” (Art. I. Section 8.) 

As stated in State Government, Texas has an organized 
militia of which the governor is commander in chief. 
Every other State has a similar militia. In addition to the 
organized militia, every able-bodied man between the 
ages of eighteen and forty-five years belongs to the re¬ 
ceive or unorganized militia, and is liable to be drafted 
for service in time of war. In 1911, the organized militia 
consisted of 121,803 officers and men, and the reserve 
militia of 14,752,293. As the militia is liable to be called 
into the service of the Nation, it is organized, armed, 
and disciplined as directed by Congress. Whenever it 
enters the service of the United States it ceases to be 
under the control of state authorities. In time of war or 
other emergency, Congress may call on the States to 
furnish such part of their organized or reserve militia 
as is needed by the Government. 

Federal Territory— 

“To exercise exclusive legislation in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, by 
cession of particular States, and the acceptance of Congress, 
become the seat of the Government of the United States, and 
to exercise like authority over all places purchased by the con¬ 
sent of the Legislature of the State in which the same shall 
be, for the erection of forts, magazines, arsenals, dockyards, and 
other needful buildings; and 

“To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of the 
United States, or in any department or officer thereof.” (Art. I. 
Section 8.) 


274 


CIVICS : TEXAS AND FEDERAL 



We have already 
learned how the Dis¬ 
trict of Columbia 
was secured and 
= that no elections of 

o 

o any kind are held 

■§ there. The District 

js is governed by a 

^ Commission ap- 

5 pointed by the Pres- 

§ ident with the con- 

w sent of the Senate. 

<D 

| All local legislation 

£ must be enacted by 

.£ Congress, but in 

E practice, the Com- 

Q mission is allowed 

“ to originate the bills. 

| One-half of the ex- 

o pense of the District 

® is borne by the Fed¬ 
'S e r a 1 Government, 

h and the other half is 

o~ raised by means of a 

o “District tax.” Many 

< federal office hold- 

re ers living in the 

D i s t r ict maintain 

c 

■2 their legal resi- 

| dences in the States 

£ from which they 

5 came, and thus are 

t able to retain the 

o 

^ right to vote at their 

places of legal resi¬ 
dence. 







CIVICS: TEXAS AND FEDERAL 


275 


Whenever the United States wishes to acquire prop¬ 
erty for forts, 1 iglit houses, or other public works, it is 
necessary for the State in which the property is situated 
to cede it to the Federal Government. Any people liv¬ 
ing on these reservations lose their citizenship in the 
State and are freed from all State taxes. Crimes com¬ 
mitted on these reservations must be tried in United 
States courts. In order that those breaking the laws 
of the State may not find an asylum there, the States, 
in ceding this property, usually reserve the right to 
serve warrants there for crimes committed in territory 
under their jurisdiction. 

THOUGHT QUESTIONS 

1. How does the United States borrow money? 

2. What is meant by interstate commerce? 

3. What corporations are subject to the Interstate Com¬ 
merce Commission? 

4. What do most nations require of those in control of pas¬ 
senger carrying vessels? 

5. Does the United States exercise this control over all pas¬ 
senger carrying vessels on rivers? 

6. What is a port? 

7. What is meant by a port of entry? 

8. What is meant by high seas? 

9. Why are quarantine stations established near all ports 
of entry? 

10. What is a pilot and what are his duties? 

11. What is naturalization? 

12. Who can not become citizens of the United States? 

13. What is meant by personal naturalization? Illustrate. 

14. What is meant by collective naturalization? Illustrate. 

15. Why should one year’s service in the United States 
army entitle a foreigner to United States citizenship? 

16. Is it possible for an alien to vote before he is a citizen 
of the United States? Explain. 

17. Can an alien who has formally declared his intention to 
become a citizen have the protection of the United States? 

18. Why do aliens generally become naturalized before visit¬ 
ing their old homes in their native countries? 

19. What is insolvency? Bankruptcy? 

20. What are the advantages of a bankruptcy law? 

21. What is voluntary bankruptcy? 


276 


CIVICS: TEXAS AND FEDERAL 


22. What is involuntary bankruptcy? 

23. What is meant by a “composition settlement” with an 
insolvent person or firm? 

24. What particular exemption of property can be claimed 
by a Texas bankrupt? 

25. What is money? 

26. What is legal tender? 

27. Where is the nearest mint located? 

28. What are the three kinds of paper currency? 

29. What banks are allowed to issue money under United 
States supervision? 

30. Why is a bank note perfectly safe currency? 

31. What is a silver certificate? What gives it currency 
value? 

32. Can a person take silver to a mint and have it coined? 

33. Can a person take gold to a mint and have it coined? 

34. Name the subsidiary coins in use. 

35. What is the maximum debt paying power of a penny? 

36. Has Congress ever established uniform weights and 
measures? 

37. To what extent has the metric system been established? 

38. What is counterfeiting? 

39. Is a gold dollar of legal fineness, form and weight, coined 
by an individual, a counterfeit? 

40. Can a coin be made into an article of jewelry? 

41. Is an underweight coin legal tender? 

42. When a coin is known to be much deficient in weight, 
what can the possessor do to save loss? 

43. What can be done with mutilated paper currency to save 
a loss to the possessor? 

44. What is a post road? A parcels post system? 

45. What is a rural free delivery route? 

46. What is a star route? 

47. What is a postal savings bank? 

48. What is the particular value of a postal savings bank? 

49. What is meant by special delivery? 

50. Does the government make good the loss of a registered 
package? 

51. Does the government guarantee against loss in postal 
money orders? 

52. Give the necessary steps for procuring a copyright. 

53. Give the necessary steps for procuring a patent. 

54. Of what value is a patent? A copyright? 

55. What can be copyrighted? 

56. What is a privateer? 

57. Do the leading nations today regard the granting of 
letters of marque and reprisal with favor? Why not? 

58. What kinds of property are regarded as contrabands of 
war? 


CIVICS: TEXAS AND FEDERAL 


277 


59. What is a navy? 

60. What is a standing army? 

61. What is the militia? 

62- Where is the power to declare war vested? 

63. How many times and when has the United States de¬ 
clared war? 

64. What is a battleship? A cruiser? A torpedo boat? 

65. What is a court martial? Who can be tried by court 
martial ? 

66. How are organized territories governed? 


CHAPTER X 


RESTRICTIONS IMPOSED BY THE 
CONSTITUTION 

Importation of Slaves.— 

“The migration or importation of such persons as any of the 
States now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person.” (Art. I. 
Section 9.) 

We have already learned that by the “Third Great Com¬ 
promise” the Constitutional Convention agreed that the 
importation of slaves should not be interfered with by 
Congress prior to 1808. This is the clause inserted in 
the Constitution to make that compromise effective. 
Before 1808, all the Southern States of their own accord 
had enacted laws prohibiting the importation of slaves. 
In 1807, Congress passed an act to take effect on Jan¬ 
uary 1, 1808, forbidding the importation of slaves into 
any part of the United States and prescribing severe 
penalties for its violation. 

Personal Liberty.— 

“The privilege of the writ of habeas corpus shall not be sus¬ 
pended, unless when in cases of rebellion or invasion the pub* 
lie safety may require it. 

“No bill of attainder or ex post facto law shall be passed.” 
(Art. I. Section 9.) 

A bill of attainder is a legislative act that takes away 
the civil rights of a person without a trial in court. For¬ 
merly, it followed automatically any conviction for a 
felony or treason. It effected a forfeiture of the guilty 
one’s estate, made it impossible for him either to inherit 
or transmit property, and prevented him from suing, or 
testifying in court. Parliament not only claimed but 
exercised the right of enacting bills of attainder, and 


278 


CIVICS: TEXAS AND FEDERAL 


279 


some of the colonists had experienced them as acts of 
resentment. An ex post facto law is one that makes a 
crime out of some act that was not a violation of law 
at the time it was committed, or that increases the pen¬ 
alty for the violation of a law. 

Commerce.— 

“No tax or duty shall be laid on articles exported from any 
State. 

“No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another; 
nor shall vessels bound to, or from, one State, be obliged to 
enter, clear, or pay duties in another.” (Art. I, Section 9.) 

Public Funds.— 

“No money shall be drawn from the treasury, but in conse¬ 
quence of appropriations made by law; and a regular state¬ 
ment and account of the receipts and expenditures of all public 
money shall be published from time to time.” (Art. I. Section 9.) 

We have learned that in Texas no money can be paid 
out of the state treasury except in accordance with an 
appropriation' made by the Legislature. In the same 
way no money can be paid out of the federal treasury 
except in accordance with an appropriation made by 
Congress. In the Treasury Department at Washington 
there are many auditors who compare every warrant 
drawn on the public funds with the law making the ap¬ 
propriations, and unless every particular is according 
to law the warrant is refused payment. In this con¬ 
nection it is interesting to know that the President is the 
only employee of the government who does not have to 
sign the pay roll when he receives his salary. The total 
disbursements in 1911 for running the government wer~ 
$654,137,998. Each Congress passes one appropriation 
bill covering the expenditures of the government for 
two years. 

Titles of Nobility.— 

“No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them, 
shall, without the consent of the Congress, accept of any pres- 


280 


CIVICS: TEXAS AND FEDERAL 


ent, emolument, office, or title, of any kind whatever, from any 
king, prince, or foreign State.” (Art. I. Section 9.) 

The theory of our government is that all men are 
created equal. In European countries where titles of 
nobility abound, there is a broad gap between the social 
privilege’s of a titled person and of one not possessed 
of a title. The feeling against titles was so strong that, 
in 1809, an amendment to the Constitution was proposed 
by Congress to the States, to the effect that any citizen 
of the United States accepting a title of nobility or a 

gift from a 
foreign ruler, 
without the 
consent of 
Congress, 
should forfeit 
h i s citizen- 
s h i p. Offi¬ 
cials of the 
g o v e rnment 
often receive 
gifts from 
foreign gov¬ 
ernments. In some cases Congress allows them to 
keep them, but generally they are deposited in the Na¬ 
tional Museum. This great museum is located at Wash¬ 
ington. 

Restrictions on the States.— 

“No State shall enter into any treaty, alliance, or confeder¬ 
ation; grant letters of marque and reprisal; coin money; emit 
bills of credit; make anything but gold and silver coin a ten¬ 
der in payment of debts; pass any bill of attainder, ex post facto 
law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

“No State shall, without the consent of the Congress, lay 
any imposts or duties on imports or exports, except what may 
be absolutely necessary for executing its inspection laws; and 
the net produce of all duties and imposts, laid by any State on 



The National Museum. 






CIVICS: TEXAS AND FEDERAL 


281 


imports or exports, shall be for the use of the treasury of the 
United States; and all such laws shall be subject to the revision 
and control of the Congress. 

“No State shall, without the consent of Congress, lay any duty 
on tonnage, keep troops, or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a 
foreign power, or engage in war, unless actually invaded or in 
such imminent danger as will not admit of delay.” (Art. I. 
Section 10.) 

If Congress and the States could both do the same 
things, and if they had equal jurisdiction, there would 
be great confusion, and no one would know to which 
one he should yield. The Constitution defines very 
clearly the powers of each. Whenever there is any un¬ 
certainty the matter is decided by the Supreme Court 
of the United States. 

Bills of Credit.—This is another name for currency. In 
Colonial times each colony could issue paper money and 
much of it was put in circulation. Generally, the further 
that one got from the colony that had issued this money, 
the less it was worth. Much suffering was caused 
through the issue of such money. The framers of the 
Constitution protected the country from that evil. 

Contracts.—A contract is an agreement between two 
or more persons either to do or not to do some specified 
thing. Frequently one party to the contract fulfills his 
part of it long before the other does. If the State could 
pass laws setting aside contracts already made and part¬ 
ly carried out great injustice would be done. In the 
colonies this did happen, and precautions were taken to 
write a clause into the Constitution, prohibiting the 
States from passing laws impairing the obligations of 
contracts. No contract is legal that provides for the 
doing of some illegal thing. Contracts made with chil¬ 
dren or minors, except for the necessaries of life, can 
not be enforced. Contracts secured through force or 
fraud are void. 


282 


CIVICS: TEXAS AND FEDERAL 


THOUGHT QUESTIONS 

1. Did any State desire to encourage slave importation? 

2. Has the United States ever taken a citizen’s property 
without paying for it? 

3. If an ex post facto law lessens or removes a penalty, does 
it apply immediately to cases affected by it? 

4. Under what conditions may a United States official re¬ 
tain gifts made to him by foreign rulers? 

5. Under what conditions may a State impose a duty? Illus¬ 
trate. 

6. Why is a State prohibited from issuing bills of credit? 

7. State a condition under which Texas would be justified 
in engaging in warfare with a foreign nation. 

8. Under what conditions should a contract be annulled? 

9. What is meant by statute of limitation? Illustrate by 
Texas statutory provisions. 


CHAPTER XI 


THE PRESIDENT 

The National Executive.— 

“The executive power shall be vested in a President of the 
United States of America.” (Art. II. Section 1.) 

As we have learned, the government formed under the 
Articles of Confederation possessed no executive branch. 
Whatever executive power it had was vested in Con¬ 
gress. Plad Congress possessed the proper legislative 
and executive authority the government might have 
been a success. In England today the king has very lit¬ 
tle executive power, and in two hundred years he has 
not attempted to veto an act passed by Parliament. The 
executive power of the English government lies in the 
Ministry, which is composed of the strongest men in the 
political party that is in the majority in Parliament. 
The leader of that party becomes the Prime Minister 
and he selects the other ministers. When any impor¬ 
tant act proposed by the government is defeated in Par¬ 
liament, the ministry resigns and the king at once ap¬ 
points the leader of the new party that has come into 
control as prime minister. In a republican form of gov¬ 
ernment,. however, a strong executive branch is consid¬ 
ered essential to stability. That the Constitution pro¬ 
vides an effective executive branch is proved by the fact 
that no amendment touching its powers has been de¬ 
sired. The President is assisted in administering the 
government by thousands of officials located in all parts 
of the country, as well as in every foreign land with 
which our people have any commercial relations. 

Term of Office.— 

“He shall hold office during the term of four years.” (Art. II. 
Section 1.) 

After having been twice unanimously elected Presi¬ 
dent, and having served for eight years, Washington 


283 


284 


CIVICS: TEXAS AND FEDERAL 


declined a reelection, thereby establishing a precedent 
in accordance with which no President has been elected 
for more than two terms. 1 When the first administra¬ 
tion of a President has been satisfactory it is customary 
for his party to renominate him. At the present time, 
when many people are urging that the term of the Presi¬ 
dent should be six years, and that he should not be eligi¬ 
ble for reelection, it is interesting to remember that at 
one stage in its proceedings, the Constitutional Conven¬ 
tion provided for a term of seven years with no reelec¬ 
tion. 

Original Method of Electing.— 

“Each State shall appoint, in such manner as the Legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State 
may be entitled in the Congress; but no Senator or Repre¬ 
sentative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 

“The electors shall meet in their respective States, and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each, which list they shall sign and certify, and trans¬ 
mit sealed to the seat of the government of the United States, 
direct to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Repre¬ 
sentatives, open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall 
be the President, if such number be a majority of the whole 
number of electors appointed; and if there be more than one 
who have such majority, and have an equal number of votes, 
then the House of Representatives shall immediately choose by 
ballot one of them for President; and if no person have a ma¬ 
jority, then from the five highest on the list the said House 
shall in like manner choose the President. But in choosing the 
President, the votes shall be taken by States, the representa¬ 
tion from each State having one vote. A quorum for this pur¬ 
pose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary 
to a choice. In every case, after the choice of the President, 
the person having the greatest number of votes of the electors 
shall be the Vice President. But if there should remain two 
or more who have equal votes the Senate shall choose from 
them by ballot the Vice President.” (Art. II. Section 1.) 


CIVICS: TEXAS AND FEDERAL 


285 


The defects in this plan of electing a President were 
forcibly illustrated in the election of 1800, in which the 
will of the Nation came near being thwarted. No one 
having received a majority of the electoral votes, the 
House of Representatives had to choose from the can¬ 
didates. Balloting continued for seven days. Eight 
States voted for Thomas Jefferson, six for Aaron Burr, 
and two for other candidates. On the thirty-sixth ballot 
Jefferson received the votes of ten States and this gave 
him the presidency. As Burr had the votes of six States 
he became Vice President. If Burr had won the presi¬ 
dency the threatened disunion of the Republic would 
doubtless have resulted. This danger of the election of 
a President who was bitterly opposed by a majority of 
the people, showed the necessity of a change in the plan 
of election, and resulted, in 1803, in Congress proposing 
to the States the Twelfth Amendment to the Constitu¬ 
tion which was declared adopted the following year. 

The Present Electoral Plan.— 

“The electors shall meet in their respective States, and vote by 
ballot for President and Vice President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; they 
shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice President, and 
they shall make distinct lists of all persons voted for as Presi¬ 
dent, and of all persons voted for as Vice President, and of the 
number of votes for each, which lists they shall sign and certify, 
and transmit sealed to the seat of government of the United 
States, directed to the President of the Senate; the President 
of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates and the votes shall 
then be counted; the person having the greatest number of votes 
for President shall be the President, if such number be a ma¬ 
jority of the whole number of electors appointed; and if no per¬ 
son have such majority, then from the person having the high¬ 
est number not exceeding three on the list of those voted for as 
President, the House of Representatives shall choose immedi¬ 
ately, by ballot, the President. But in choosing the President, 
the votes shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall con¬ 
sist of a member or members from two-thirds of the States, and 


286 


CIVICS : TEXAS AND FEDERAL 


a majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a Presi¬ 
dent whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the Vice 
President shall act as President, as in the case of the death or 
other constitutional disability of the President. The person 
having the greatest number of votes as Vice President, shall 
be the Vice President, if such number be a majority of the 
whole number of electors appointed, and if no person have a 
majority, then from the two highest numbers on the list, the 
Senate shall choose the Vice President; a quorum for the pur¬ 
pose shall consist of two-thirds of the whole number of Sena¬ 
tors, and a majority of the whole number shall be necessary 
to a choice. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice President 
of the United States.” (Amendment XII.) 

Only once since the adoption of the present plan has 
the election of a President been carried to the House of 
Representatives. In 1825, the presidential candidates 
were Jackson, Adams, Crawford, and Clay. As there 
were 258 electoral votes, 130 were necessary to elect. 
Jackson led with 96 votes, so there was no election. In 
the House of Representatives, John Quincy Adams re¬ 
ceived the votes of thirteen of the twenty-four States 
and was elected. As Jackson, the leading candidate, was 
defeated, the people were bitter in denunciation of an 
apparent bargaining in votes. But, as Adams was a 
strong man, they accepted his election good naturedly 
after the first excitement was over. 

Presidential Elections.—The framers of the Consti¬ 
tution thought it unwise to leave the election of the 
President to a popular vote. The electoral plan was 
adopted by which electors, chosen for the purpose, would 
elect the best suited man for the presidency. Though 
the electoral plan has been in force to the present time, 
its purpose has long been thwarted. Instead of electors 
casting their votes according to their individual judg¬ 
ment, they cast them uniformly for the candidate of the 
political party they represent. The President is, there¬ 
fore, virtually elected by the people, and after the elec- 


CIVICS: TEXAS AND FEDERAL 


287 


tion of presidential electors in November the name of the 
next President is announced as a fact by the entire press 
of the country, and no thought is given to his technical 
election by the electors that will occur several months 
later. 

The Conventions. —The precincts in each county send 
delegates to a county convention. The county conven¬ 
tions select delegates to the state conventions. The state 
conventions select delegates to the national convention, 
which is called for the purpose of nominating party 
candidates for President and for Vice President, and 
for formulating a platform upon which the presidential 
campaign will be made. These conventions are called 
respectively by the county, state, and national executive 
committees of the various parties. They are usually held 
in the April or May preceding the presidential election. 
In several States the law requires each party to hold a 
presidential primary for the purpose of allowing the 
voters to instruct their delegates to the national conven¬ 
tions. 

The National Cohventions.— These conventions meet 
in June or July so as to give time for a campaign pre¬ 
ceding the November election. The number of delegates 
from each State to each national convention is equal to 
twice the number of senators and representatives ^rom 
that State. Four of them are delegates at large; the 
others are chosen, two by two, from each Congres¬ 
sional District. The convention is called to order by 
the chairman of the national committee. Permanent of¬ 
ficers are elected, and committees are appointed. Reso¬ 
lutions are adopted which set forth the platform on 
which the party will go before the people in the fall elec¬ 
tions, and generally on the third or fourth day the 
President and Vice President are nominated. When the 
time for nominations for the presidency arrives the clerk 


Copyright by Harris & Ewing. 

Opening of the Democratic Convention at Baltimore, that Nominated Woodrow Wilson for the 

Presidency, July 8, 1912. 




EMM 


mmm 








































































































CIVICS: TEXAS AND FEDERAL 


289 


calls the roll of States in alphabetical order. If Ala¬ 
bama, the first State on the list, has no favorite son to 
nominate, it generally waives its place to some State 
with a favorite son whose candidacy is looked upon with 
favor by the delegates from Alabama. In this way the 
names of the leading candidates get before the Con¬ 
vention earlier than they might if they had to wait until 
their respective States were reached in the roll call. In 
the Democratic Convention the “unit rule” generally pre¬ 
vails, the delegates from a State voting as. the majority 
of the delegates from that State do; but in the Repub¬ 
lican Convention all delegates, not instructed how to 
vote by the voters they represent, may vote as they 
please. It requires a majority vote to nominate in the 
Republican Convention, and a two-thirds vote in the 
Democratic Convention. After the. President is nomi¬ 
nated, it is customary to select as Vice President the 
candidate who can give to the ticket the most strength. 

The Electoral College.— 

“The Congress may determine the time of choosing the elec¬ 
tors, and the day on which they shall give their votes; which 
day shall be the same throughout the United States.” (Art. II. 
Section 1.) 

In Texas, when the state convention meets to nomi¬ 
nate delegates to the national convention, it also selects 
the electors that are to represent its party. The presi¬ 
dential election is held throughout the whole country on 
the first Tuesday after the first Monday in November of 
years whose numbers are divisible by four. As elect¬ 
ors who receive a plurality of all the votes cast are elect¬ 
ed, it has happened that all of them were not of the same 
political party. Each State is entitled to as many elect¬ 
ors as it has United States Senators and Representa¬ 
tives, and the whole number is known as the electoral 
college. The electoral college in Texas consists of 
twenty members. The electoral colleges meet at the 


CIVICS : TEXAS AND FEDERAL 


290 

capitals of their respective States, on the second Mori-* 
day in the January following their election, and invaria¬ 
bly cast their ballots for the nominee of their party, 
though constitutionally they are free to vote as they 
please. In voting, they cast their ballots separately for 
President and for Vice President. The candidate for 
one of these offices must not be a resident of their own 
state. They • make three copies of the list of persons 
for whom they voted, and indicate the number of ballots 
cast for each. These copies are properly signed, certi¬ 
fied, and sealed. Two of them are sent to the President 
of the Senate of the United States, one by mail and one 
by special messenger. The third copy is delivered to 
the judge of the United States District Court of the 
district in which the electoral college holds its mcc'„::igs. 
This triple-list plan guards against the destruction of 
the election record by accident or otherwise, before Con¬ 
gress counts the votes. Should the Vice President not 
receive either of the lists sent to him by the fourth Mon¬ 
day in January, he sends after the one filed with the dis¬ 
trict judge. 

Congress Counts the Electoral Votes. —On the second 
Wednesday in February following the meeting of the 
electors, the Senate and House of Representatives meet 
in joint session to count the electoral votes. The Presi¬ 
dent of the Senate presides, and in the presence of all, 
he opens the lists of electoral votes sent him by the elec¬ 
toral colleges in the various States. These lists are read 
by the clerks, and the votes for each candidate are count¬ 
ed and announced by tellers appointed for this purpose 
by each house. If any candidate for President or Vice 
President has received a majority of all the electoral 
votes cast, he is declared elected. 

Election by the House of Representatives. —If no can¬ 
didate for President receives a majority of the electoral 
votes, the House of Representatives proceeds to elect 


CIVICS: TEXAS AND FEDERAL 


291 


the President from the three candidates who have re¬ 
ceived the highest number of votes fo.r President. A 
quorum for this election consists of a member or mem¬ 
bers from two-thirds of the States. Each State is enti¬ 
tled to only one vote. This vote is determined by a 
majority vote of all the members present from that 
State. It requires a majority of all the votes by States 
to elect. If the House should fail to elect a President 
by the fourth day of March the Vice President becomes 
President. Thomas Jefferson and John Quincy Adams 
are the only Presidents who have been elected by the 
House of Representatives. 

Election of the Vice President by the Senate.—If no 

candidate for Vice President receives a majority of the 
electoral votes, the Senate proceeds to elect a Vice Presi¬ 
dent from the two candidates who received the highest 
number of votes for Vice President. A quorum for this 
election consists of two-thirds of all the senators, and a 
majority of all the senators is necessary to elect. In 
1837, R. M. Johnson was elected Vice President by the 
Senate. 

Contested Electoral Returns.—The most exciting and 
dangerous national election in our history was that of 
1876. There were 369 electoral votes, of which 184 
democratic electors, or one less than a majority, were 
unchallenged. Hayes was the Republican candidate, 
with 164 unchallenged electoral votes. Party feeling 
was high and a clash of arms seemed inevitable. To 
prevent the election of Tilden, the Democratic candi¬ 
date, the Republicans questioned the twenty-one votes 
from South Carolina, Florida, Louisiana, and Oregon. 
Both parties claimed the vote from each of these four 
States. As no laws determined what constituted a legal 
vote, or what authority should pass upon their legality, 
Congress, in order to settle temporarily these critical 


292 


CIVICS: TEXAS AND FEDERAL 


questions, created a special “Electoral Commission” to 
decide upon the legality of the twenty-one votes repre¬ 
sented by double returns. This Commission consisted 
of five senators, five representatives and five judges of 
the Supreme Court. Seven were Democrats, seven were 
Republicans, and one was considered “Independent” in 
politics, but upon every incidental question that arose 
in the investigation, the so-called “Independent” voted 
with the Republicans, making eight to seven in favor of 
them. He also voted with them on the final question 
which gave the disputed votes, and consequently, the 
presidency, to Hayes. Aside from irregularities in vot¬ 
ing for the electors, no well informed man ever doubted 
that South Carolina, Florida, and Louisiana cast de¬ 
cisive majorities for Tilden electors. To prevent a re¬ 
currence of the “8 to 7” election, Congress passed a law, 
in 1887, to regulate the counting of electoral votes, leav¬ 
ing it to the States to pass upon the legality of disputed 
election returns. 

Qualifications.— 

“No person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any 
person be eligible to that office who shall not have attained 
to the age of thirty-five years, and been fourteen years a resi¬ 
dent within the United States.” (Art. II. Section 1.) 

Citizens of the United States in 1789, who were of 
foreign birth, were eligible to the presidency, provided 
they had the qualifications as to age and residence. 
This exception was made in deference to such distin¬ 
guished patriots and statesmen as Alexander Hamilton. 
Residence abroad in the service of the United States is 
not a disqualification. The qualifications for the vice 
presidency is the same as for the presidency. 

Succession to the Presidency.— 

“In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and 


CIVICS: TEXAS AND FEDERAL 293 


duties of the said office, the same shall devolve on the Vice 
President, and the Congress may by law provide for the case 
of removal, death, resignation, or inability, both of the Presi¬ 
dent and Vice President, declaring what officer shall act as 
President, and such officer shall act accordingly until the dis¬ 
ability be removed, or a President shall be elected.” (Art. II. 
Section 1.) 

Congress has declared that the presidential succession, 
after the vice president, shall be in the following order: 

Secretary of State. 

Secretary of Treasury. 

Secretary of War. 

Attorney General. 

Postmaster General. 

Secretary of the Navy. 

Secretary of the Interior. 

Secretary of Agriculture. 

Secretary of Commerce and Labor. 

If any of these officials do not possess the necessary 
qualifications for President they must be omitted from 
the line of succession. No President has resigned and 
none has been removed from office. Harrison and Tay¬ 
lor died during their term of office; Lincoln, Garfield, 
and McKinley, were assassinated before completing their 
terms. All of them were succeeded by the Vice Presi¬ 
dent, and there has never been occasion for the succes¬ 
sion to go beyond that officer. 

Salary.— 

“The President shall, at stated times, receive for his services, 
a compensation which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he 
shall not receive within that period any other emolument from 
the United States, or any of them.” (Art. II. Section 1.) 

The salary of the President is fixed by Congress be¬ 
fore his inauguration and can not be changed during his 
term of office. In 1909 it was fixed at $75,000. The 
President is allowed $25,000 for traveling expenses, 
and is given the use of the executive mansion, or the 
‘‘White House,” as it is called, from its color. 

The Inauguration.— 

“Before he enters on the execution of his office, he shall take 


294 


CIVICS : TEXAS AND FEDERAL 


the following oath or affirmation :—‘I do solemnly swear (or af¬ 
firm) that I will faithfully execute the office of President of the 
United States, and will to the best of my ability, preserve, pro¬ 
tect and defend the Constitution of the United States.’ ” (Art. II. 
Section 1.) 

On the fourth day of March following the presiden¬ 
tial election, the President and Vice President are inaug¬ 
urated into office. This is a gala time in Washington, 
for thousands of people have come from all parts of the 
United States to witness the ceremonies. At noon the 
Chief Justice of the Supreme Court administers the oath 



THE WHITE HOUSE. 

George Washington Laid the Corner Stone and the Building was 
First Occupied by President Adams in 1800. 


of office to the President at the east front of the Capi¬ 
tol. After this the new President delivers his inaugural 
address in which he outlines the policy of his adminis¬ 
tration. In the evening a magnificent ball is held in 
the building of the Pension Bureau. The Vice President 
takes the oath of office in the presence of the Senate, 
just a short time before the President is inaugurated. 









\ 


inauguration of President Taft on March 4, 1909. 






























296 CIVICS: TEXAS AND FEDERAL 


THOUGHT QUESTIONS 

1. State the necessary qualifications of the President of the 
United States. 

2. Give in order the necessary steps in the election of a 
President. 

3. Is there any legal provision against a presidential third 
term? 

4. What is meant by the electoral college? 

5. What three electoral colleges failed to elect a President? 

6. - What two Presidents were elected by the House of Rep¬ 
resentatives? When? 

7. What President was virtually elected by an electoral 
commission? 

8. What was the significance of “8 to 7” in this commission’s 
proceedings? 

9. How do the representatives of the several States vote 
when casting their votes for President? For whom must they 
vote? What majority is required? 

10. Who was elected Vice President by the Senate? When? 

11. How do the Senators vote for Vice President? For 
whom must they vote? 

12. Can a man who was not the choice of a majority of the 
voters, be regularly elected President by the electors? Explain. 

13. What Presidents were thus elected? 

14. What is the present presidential succession law? What 
are its advantages over the old law? 

15. Who administers the oath of office to the President? 
When? 


CHAPTER XII 


POWERS AND DUTIES OF THE PRESIDENT 

Military Power.— 

“The President shall be the Commander in Chief of the army 
and navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States.” 
—(Art.. II. Section 2.) 

The army and navy are maintained as preventives of 
war. War is the last resort in the settlement of disputes 
to which nations are parties. War may be waged be¬ 
tween two or more nations, or between a nation and its 
own citizens. Citizens who are in arms against their 
government are said to be in insurrection or rebellion, 
until such time as they are able to organize and main¬ 
tain an actual government. Then the rebellion becomes 
a civil war. Inasmuch as the Southern States organized 
a government immediately after seceding in 1861, it is 
incorrect to speak of the Confederates as “rebels/’ and 
of the “Civil War” as a rebellion. 

Success in war demands centralization of authority to 
direct the army and navy. It also demands quick and 
decisive action. Congress is slow of action and slow of 
decision, therefore the Constitution wisely makes the 
President commander in chief of the military forces of 
the Nation. To protect the country against a reckless 
use of this power, the nation vests in Congress the sole 
right to declare war, and to provide for all t expenses 
incident to war. No President has ever taken the field in 
person, but he delegates the command of the army and 
navy to officers selected for that purpose. The commis¬ 
sioned officers rank downwards, as follows: 


297 


298 


CIVICS : TEXAS AND FEDERAL 


Army. 

Major Generals. 
Brigadier Generals. 
Colonels. 

Lieutenant Colonels. 
Majors. 

Captains. 

First Lieutenants. 
Second Lieutenants. 


Navy. 

Admirals. 

Rear Admirals. 

Captains. 

Commanders. 

Lieutenant Commanders. 
Lieutenants. 

Ensign. 

Midshipmen. 


How War is Brought On. —Nations usually exhaust all 
peaceful means to settle their disagreements before re¬ 
sorting to war. War is so costly in lives and money 
that it is seldom rushed into thoughtlessly. The ag¬ 
grieved nation may seize the ships and property of the 
citizens of the other nation and hold them as a sort of 
ransom, or it may place an embargo on them, and de¬ 
tain them in its ports until satisfaction is secured. Such 
acts will either hasten a peaceful settlement of the trou¬ 
bles, or one of the parties will issue an ultimatum to the 
other. This sets forth what must be done to avert war 
and specifies a time limit. Unless complied with, war 
generally follows. The nations at war are known as 
belligerents (war wagers), and all other nations as neu¬ 
trals (neither sided.) 

The Executive Department.— 

“He may require the opinion, in writing, of the principal offi¬ 
cer in each of the executive departments, upon any subject re¬ 
lating to the duties of their respective offices.” (Art. II. Sec¬ 
tion 2.) 

The framers of the Constitution evidently expected 
the government to be administered by departments, yet 
nowhere in that document is there any provision for 
them. In 1789, Congress created the Departments of 
State, War, and the Treasury, and the office of At¬ 
torney General (Department of Justice). These de¬ 
partments existed under the Articles of Confedera¬ 
tion with different names. In 1798, the administra- 


CIVICS: TEXAS AND FEDERAL 


299 


tion of the navy was taken away from the War De¬ 
partment, and the Navy Department was created. The 
Post Office Department was formally recognized in 1794, 
but it had been practically a department since the or¬ 
ganization of the government. In 1849, the Interior 
Department was established. The Departments of 
Agriculture (1889) and of Commerce and Labor (1903) 
were the last to be created. Some people are now 
urging a Department of Education. No department 
officials can communicate with Congress except with 
the consent of the President. 

The Pardon Power.— 

“And he shall have power to grant reprieves and pardons for 
offenses against the United States, except in cases of im¬ 
peachment.” (Art. II. Section 2.) 

Just as the Governor of Texas has power to grant 
pardons and reprieves to those convicted of violating 
the laws of our State, so the President can grant par¬ 
dons and reprieves to those who are convicted of vio¬ 
lating the federal laws. There are three ways in which 
he may grant clemency, as follows: 

a. To pardon, which frees the person from the penalty im¬ 
posed. 

b. To reprieve, which grants a delay in carrying out the 
sentence. 

c. To commute, which lessens the severity of the sentence. 

To Make Treaties.— 

“He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the 
Senators present concur.” (Art. II. Section 2.) 

A treaty is a compact made between nations. It is 
one of the most vital functions of sovereignty. Wis¬ 
dom displayed in negotiating treaties at the opportune 
time, with an insight into future conditions, has been 
the cause of the prosperity and ascendancy of many na¬ 
tions. The President, being in close touch with all the 
needs of his country, and having an intimate knowledge 


300 


CIVICS: TEXAS AND FEDERAL 


of the political and commercial conditions of the other 
nations of the world, is the best qualified person to ne¬ 
gotiate treaties. Treaties may be for the settlement 
of war issues, for offensive or defensive alliance, for 
regulation of commerce, or for adjustment of disputed 
international questions. The President is assisted in 
negotiating treaties by the Secretary of State. Each 
nation appoints agents to negotiate. They meet and 
exhibit their credentials. These credentials give them full 
power to agree on the terms of the treaty. When the 
details are all agreed to, two copies are drawn up on 
parchment, containing the text of the treaty in both the 
English language and that of the other nation. These 
copies are signed by the negotiators and the treaty is 
said to be celebrated. If the President approves the 
treaty he lays it before the Senate. The Senate con¬ 
siders it in executive session. 
If it is concurred in by a two- 
thirds vote of the senators 
present it is returned to the 
President, who signs it and 
has the Great Seal of the 
United States affixed by the 
Secretary of State. It then 
becomes effective as soon as 
the “ratifications are ex¬ 
changed.” This consists in 
exchanging the copy signed 
by the President for the one 
signed by the ruler of the other country. After 
it is ratified, the President issues a proclamation giv¬ 
ing the text of the treaty. It then becomes a part 
of the federal laws. But, if the Senate amends the 
treaty, and the amendments meet with the Presi¬ 
dent’s approval, it will have to be presented to 
the representatives of the other nation in its re- 



The Great Seal of the 
United States. 


CIVICS: TEXAS AND FEDERAL 


301 


vised form for approval, or rejection. If it provides 
for the payment of money by our government the 
House of Representatives is asked to make provision 
for its payment. The House has never failed to provide 
such payments, as a failure to do so would involve the 
honor of our Nation, but in some cases the House has 
made the appropriation under protest. 

Important Treaties 

Jay’s Treaty (1795) settled marine questions threatening war 
with England. 

The Treaty of Ghent (1814) concluded the Second War with 
England. 

The Ashburton Treaty (1842) settled the northern boundary 
question and the slave trade. 

The Gadsden Treaty (1853) settled the Mexican boundary 
question. 

The Treaty of Washington (1871) settled the Alabama Claims, 
a privateer question growing out of the Civil War. 

The Treaty of Paris (1900) concluded the Spanish-Americati- 
War. 

The Panama Treaty (1904) secured the Canal Zone for the 
building of the Panama Canal. 

To Make Appointments.— 

“And he shall nominate, and by and with the advice and con¬ 
sent of the Senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the Supreme Court, and all 
other officers of the United States, whose appointments are 
not herein otherwise provided for, and which shall be estab¬ 
lished by law, but the Congress may by law vest the appoint¬ 
ment of such inferior officers, as they think proper, in the 
President alone, in the courts of law, or in the heads of de¬ 
partments. 

“The President shall have power to fill all vacancies that 
may happen during the recess of the Senate, by granting com¬ 
missions which shall expire at the end of their next session.” 
(Art. II. Section 2.) 

As the work of most of the appointive officers of our 
government is to make the administration of the gov¬ 
ernment effective, their appointment is rightly vested 
in the President. The principal officers appointed by 
the President, in addition to members of his Cabinet, are: 


302 


CIVICS : TEXAS AND FEDERAL 


Department 

Officers 

State: 

Ambassadors, Foreign Ministers, Con¬ 
suls. 

Treasury: 

United States Treasurer, Collectors of 
Internal Revenue, Comptroller of the 
Currency, Collectors of Customs, Su¬ 
pervising Architect, Supervising Sur¬ 
geon-General, General Superintendent 
of the Life Saving Service. 

Interior: 

Commissioner of Patents, Commissioner 
of Pensions, Director of the Geological 
Survey, Commissioner of Indian Af¬ 
fairs, Commissioner of Education. 

Post Office: 

Assistant Postmasters General, about 
6,900 Postmasters whose salaries are 
over $1,000 a year. 

Justice: 

Federal Judges, Solicitor General of 
the United States, District Attorneys, 
United States Marshals. 

Commerce and Labor: 

Director of the Census, Chief of the 
Bureau of Statistics, Commissioner of 
Immigration, Steamboat Inspectors, 
Commissioner of Fisheries. 

Agriculture: 

Chief of the Weather Bureau, Chief of 
the Division of Forestry, Chief of the 
Bureau of Animal Industry, Chief of 
the Bureau of Chemistry. 

War: 

Most of the officers of the army. 

Navy: 

Most of the officers of the navy. 


The President also has the power to dismiss from the 
service of the government any officer appointed by him 
who proves unsatisfactory. In- practice, such officials 
usually resign. 

The Classified Civil Service. —One of the worst fea¬ 
tures of the Federal Government is the “Spoils System.” 
The theory that “to the victor belong the spoils” has been 
responsible for the dropping of thousands of efficient of- 


CIVICS: TEXAS AND FEDERAL 


303 


ficials upon the advent of a new President. Prior to 
1883, a change in the presidential office meant that even 
the lowest salaried clerks were liable to be supplanted by- 
friends of the new President, or of the higher officials 
appointed by him. In that year, Congress passed an act 
creating a Civil Service Commission and placing thou¬ 
sands of clerks in the classified civil service. In 1911, 
there were 222,278 officials of the government who had 
secured their positions through competitive examina¬ 
tions. Such officials belong to the classified civil ser¬ 
vice and can not be removed from office except for 
cause. When there is a vacancy in such a position, the 
Civil Service Commission certifies to the proper official 
the names of the three persons eligible for it who made 
the highest grades in the examinations. So far as pos¬ 
sible, the candidates are apportioned so that each State 
shall have a fair representation in the classified civil 
service. One of these candidates must be chosen for the 
vacancy. 

Messages to Congress.— 

“He shall from time to time give to the Congress information 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient.” (Art. 
II. Section 3.) 

By custom, the President sends a formal message to 
Congress at the beginning of each session. Through 
this formal message, he recounts the general condition 
of the country, the doings of the Departments during the 
year, and the needs of the Nation. Special messages 
are also sent from time to time recommending the en¬ 
actment of particular laws to meet certain emergencies. 
Not all the recommendations in the annual message are 
considered by Congress, but the recommendations in a 
special message generally receive consideration. 


804 


CIVICS : TEXAS AND FEDERAL 


Extra Sessions o»f Congress.— 

“* * * he may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement between 
them, with respect to the time of adjournment, he may adjourn 
them to such a time as he shall think proper.” (Art. II. Sec. 3.) 

The conditions of the Nation sometimes demand the 
attention of Congress during its recess, or Congress 
sometimes adjourns by limitation, with necessary busi¬ 
ness unfinished, such as appropriations for the current 
expenses of the government. Under such circumstances, 
the President can call an extra session of Congress. The 
House of Representatives has never been called in separ¬ 
ate special session. When there is a change in the presi¬ 
dency, the outgoing President calls the Senate in special 
session so that it may be ready to confirm the heads of 
the departments nominated by his successor. It has also 
been called in separate session to ratify treaties. 

Receives Foreign Ministers.— 

“He «hall receive ambassadors and other public ministers.” 
(Art. I.. Section 3.) 

Each country with which the United States is on 
friendly terms is represented at Washington by a diplo¬ 
matic officer who acts as the agent of his country in the 
transaction of all official business with the United 
States. There are four grades of such officers rank¬ 
ing downwards, as follows: 

Ambassadors. 

Ministers Plenipotentiary. 

Ministers Resident. 

Charge d’affaires (shar zha da far'V 

When a foreign minister, accredited to this country, 
reaches Washington, he presents the credentials given 
him by his own government to the Secretary of State. 
If his appointment is satisfactory to our Government, a 
time is set when he is formally presented to the Presi¬ 
dent by the Secretary of State. This presentation takes 


CIVICS: TEXAS AND FEDERAL 


305 



place at the White House. Should a foreign minister 
become persona non grata (per so'na non gra'ta), i. e., 
o b j e ctionable 
to this Gov¬ 
ernment, h i s 
recall will be 
requested. In 
time of war 
between two 
nations, all 
diplomatic re- 
1 a t i o n s are 
broken off and 
neither nation 
is represented 
at the capital 
of the other. 

War is some¬ 
times virtually 
declared by a 
nation returning to the minister of the other nation hi? 
credentials, which is equivalent to inviting him to leave 
the country. 

Executes the Laws.— 

“* * * he s hall take care that the laws be faithfully exe¬ 
cuted, and shall commission all the officers of the United States.” 
(Art. II, Section 3.) 

The principal duty of the President is to see that the 
federal laws are faithfully executed. In times of peace 
this is done very largely through the United States Mar¬ 
shals who are located in all parts of the country. Should 
they be unable to execute the laws, the President has 
power to use the army and navy for that purpose, and if 
necessary, to call out the militia of the several States. 
Should an uprising against the laws of Texas become 
too great to be quelled by the Governor with the aid of 


CHINESE LEGATION AT WASHINGTON. 
This Building is the Home of the Chinese Min¬ 
ister and His Retinue. Nearly All Foreign 
Nations Have Legations at Washington. 




306 


CIVICS : TEXAS AND FEDERAL 


state troops, he would call on the President for assist¬ 
ance, and then United States troops would be sent into 
the State to restore peace. At the time of the great 
strike of the employes of the Pullman Car Company, 
in 1894, President Cleveland startled the country, by 
sending United States troops to Chicago to put down 
the riots attending the strike, although they were not 
requested by the Governor of Illinois. He did this on 
the ground that interstate commerce and the carrying 
of the mails were being interfered with. 

THOUGHT QUESTIONS 

1. Does the President ever take active command of the army 
in its field operations? 

2. Some wars unite a people, while other wars estrange them. 
Explain why this is so. 

3. Has the United States had each of these types of wars? 
When? 

4. Where is the power vested to declare war? 

5. What is meant by the terms—belligerents, neutrals, ulti¬ 
matum, embargo, and contrabands? 

6. Can the President pardon a person convicted in an im¬ 
peachment trial? 

7. State the formal steps taken in making a treaty. 

8. Name one treaty and state its provisions. 

9. Describe the Great Seal of the United States. 

10. What is meant by appointments made during the recess 
of the Senate? 

11. What is the length of term of recess appointees? 

12. What is meant by civil service? Signal service? Secret 
service? 

13. What is a presidential message? How delivered? 

14. What is meant by receiving foreign ministers? 

15. Upon whose request will the Presidenc send troops into 
a State to quell riots, etc.? 

16. Under what circumstances may the President send troops 
into a State where rioting exists without the request of the 
governor? 


CHAPTER XIII 


THE DEPARTMENTS 

The President’s Cabinet. —We have already learned 
that there are nine departments in the executive branch 
of the government. The heads of these departments 
constitute the President’s Cabinet. As the success of the 
administration depends largely on the cooperation that 
exists between the President and the members of his 
Cabinet, it is conceded that they should be men of his 
choice, men in whom he has the utmost confidence, both 
as to their ability and loyalty. The Senate never ques¬ 
tions the fitness or qualifications of these appointees, 
but confirms them without discussion. 



Copyrighted by Underwood and Underwood. 

President Taft’s Cabinet in Session at the White House the Day 
That the Government Decided Not to Send Troops Into Mexico. 


307 




308 


CIVICS: TEXAS AND FEDERAL 


The Power of the Cabinet. —As the Constitution does 
not provide for a cabinet, it follows that it can have no 
legal position in the organization of the government. 
Early in the history of the Republic, the President adopt¬ 
ed the plan of having the heads of the executive depart¬ 
ments meet with him for the purpose of consultation 
and advice. It is now the custom of the Cabinet to meet 
with the President twice a week. These meetings are 
held at the White House. While the President frequent¬ 
ly asks the advice of his Cabinet, he is under no obli¬ 
gation to follow it. It is said that Lincoln did not dis¬ 
cuss the issuing of the Emancipation Proclamation with 
his cabinet until he had drafted it. No record is kept 
of what transpires at meetings of the Cabinet. Cabinet 
officers receive a salary of $12,000 a year. 

The Department of State. —This is the most impor¬ 
tant department, for all international transactions are 
conducted through it. The Secretary of State is at its 
head and consequently is the ranking cabinet officer. 
He is largely responsible for the foreign policy of the 
Nation. This department carries on all the important 
official correspondence with the representatives of for¬ 
eign nations stationed in this country, and with the rep¬ 
resentatives of the United States in foreign countries. 
It also has charge of the official correspondence of the 
Nation with the several States. The Secretary of State 
is the custodian of the Great Seal of the United States, 
and of the archives of the Nation in which are carefully 
preserved all its laws and treaties. 

Passports. —When a citizen of the United States plans 
a journey to a foreign country he usually secures a pass¬ 
port. This is a document issued under direction of the 
Secretary of State attesting to the fact that he is a citi¬ 
zen of this country and entitled to all the rights and pro¬ 
tection of American citizens. A passport is good for 



/ , 


//Zy ////s/tsj/yr/// // . /'r/f/zr/y yz/. /Zr/s ^ ZZy ' Z/yzyZyyZ. /Zyya> h YyZ, y Z//zy/yyyy 

Z/'/r/y rzy/YY/ZzrZZ,/ yZz'/zz zA zz/zzy zy/zz/yz'zz AzzyzYz//zY/ 



' 4. 

. AzirYz//> -S~- Azr'/,.„. / O ZzAz* Y//<y 

■ /Y/sYtrAzA yyZZ<„~ZZZ- . 

AA/X-rA Z~ZZs«i~t — 


s'/ 

YY 






Jr//trAYcrt///t 


//jp>*r//tr t^ YY* . Atr«y*z 


, C Yy-1.~L -t ■% 

f^. , 


VY,>, 




O/ZYZZ Y////Z/’ //y Zy/ZZ/Z t/ZtzZ /Zt' 


. Zz/Z'//Zfz , Zy/YYZ//ZY/tZ y/ . ZZ/yZ. 

zyZZZy Z//y /</ Z/zziZzzzyZz/ s' 

A/zz S'Ztk Zy y iil: 

/// /Ay y MZZk zz/z/Zy A/zy, ' 

, Z/z/Zy/Y/uZ/t/'r y yZ/y ZZzzzAzzZ. ZaZyj 
A/zz ZWZ A/z/z/Z/yzZ /z/zzZ ZZ//Ay .zyzywAZ: 


•' is 718)05 


A Passport. 








310 


CIVICS: TEXAS AND FEDERAL 


two years and contains a full description of the person 
to whom it is issued. 

The Diplomatic and Consular Service. —These are the 
two most important branches of the Department of 
State. The members of the diplomatic service repre- 
resent the United States as a nation at the capitals of the 
different countries of the world. They conduct all the of¬ 
ficial intercourse and correspondence between the Unit¬ 
ed States and the governments of the countries to which 
they are accredited. The consular service consists of con¬ 
sul generals, consuls, commercial agents, and consular 
agents. These officials are located at all important ports 
and many inland cities in every country of the world with 



Photograph by Clinedinst. 

Counting Currency in the Treasury Department. 







CIVICS: TEXAS AND FEDERAL 


311 


which the people of the United States have business rela¬ 
tions. They study the trade conditions in their respective 
districts and make reports to the Secretary of State, sug¬ 
gesting how American trade can be increased; they certi¬ 
fy to the correctness of invoices of goods bought to be 
exported to the United States; they settle disputes be¬ 
tween American sea captains and their crews; they set¬ 
tle foreign estates of Americans dying abroad; they 
look after the interests of American citizens in trouble. 

The Treasury Department. —The Secretary of the 
Treasury is at the head of this Department. He is 
largely responsible for the financial policy of the Na¬ 
tion, and upon the wisdom of this policy depends, to a 
considerable extent, the prosperity of the country. This 
department has the custody of all funds belonging to 
the United States and pays out money only by war- 



The Bureau of Engraving, Where the Treasury 
Notes, Bank Notes, and Postage 
Stamps Are Printed. 



312 


CIVICS: TEXAS AND FEDERAL 



I’liotog.arih by Clinedinst. 

Gold Room in the Treasury Department. The gold coin and bullion 
stored in this room are worth millions of dollars. 


rants drawn upon the Treasury, after the accounts have 
been properly audited. It superintends the collection 
of the duties and customs, and of the internal reve¬ 
nue. The mints where the money is coined, and the Bu¬ 
reau of Engraving and Printing where all the United 
States notes, bonds, revenue stamps, and postage 
stamps are made, are under its control. Other branches 
of the Treasury Department are the Life Saving Service, 
the Marine Hospital Service, the Quarantine Stations, 
and the Office of the Supervising Architect, where all 
plans for new Federal buildings are drawn. 

The War Department. —The Secretary of War is at 
the head of this department. He has charge of the mili¬ 
tary affairs of the Nation. He has general oversight of 




CIVICS: TEXAS AND FEDERAL 


313 



Cadet Barracks at the United States Military Academy, West Point. 


the Military Academy at West Point, where our army 
officers are trained. The various forts, fortifications, 
docks, and arsenals are under the control of the War 
Department. It also exercises jurisdiction over all of 
the harbors and navigable rivers, prevents their ob¬ 
struction, and supervises their improvement. 

The Department of Justice. —This department was 
not established until 1870, but the office of Attorney 
General was created by Congress in 1789. It is pre¬ 
sided over by the Attorney General, who is the legal 
adviser of the President and of the heads of the various 
Departments. All the Federal district attorneys are 
subject to his direction. The Attorney General con¬ 
ducts, either in person or through his assistants, all suits 




314 


CIVICS : TEXAS AND FEDERAL 


to which the United States is a party. By order of the 
President, he causes special investigations to be made of 
corporations, supposed to be guilty of illegal practices, 
and brings suits to oust them from interstate commerce. 

The Post Office Department. —For many years the 
postal system of the country was a branch of the 
Treasury Department, but in 1829 the Postmaster Gen¬ 
eral was made a member of the Cabinet. This Depart¬ 
ment has control of all postal affairs, including post 
roads, post offices, transporting the mails, the sale of 
postage stamps, registration of mail, postal money or¬ 
ders, and postal savings accounts. The Postmaster 
General appoints all postmasters whose salaries are less 
than $1000 a year. 



The Postoffice Department. 








CIVICS: TEXAS AND FEDERAL 


315 


The Navy Department. —The Secretary of the Navy 

is at the head 




general charge 
of the naval 
affairs of the 
nation, includ¬ 
ing the con¬ 
strue t i o n of 
new war ves¬ 
sels, and the 
maintenance of 


The State, Navy, and War Departments navv V nrrk 

Building. tne navy yarns, 

where the war 


vessels are equipped and repaired. The Naval Academy 
at Annapolis is also under its control. 

The Department of the Interior. —This Department 
was established in 1849 with the Secretary of the Inte¬ 
rior as its head. It has control of the public lands, and the 
care of Indians living on reservations, who are wards 
of the Nation. The Bureau of Education, one of the 
divisions of this department, employs experts to study 
different phases of educational work and to make sug¬ 
gestions to the people of the different States, and is also 
in charge of the public schools in Alaska, and in the 
United States island possessions. The Pension Bureau 
and the Patent Office are also important branches of the 
Department of the Interior. 

The Department of Agriculture. —This department 
was established in 1862, but the Secretary of Agricul¬ 
ture was not made a member of the Cabinet until 1889. 








316 


CIVICS: TEXAS AND FEDERAL 


U. S. WEATHER FLAGS. 



No. 1 

No. 2 

No. 3 

No. 4 

No. 5 

White. 

Blue. 

White and 

Black. 

White With 



Blue. 


Black Square. 

Fair 

Rain or 

Local Rain 

T emper- 

Cold 

Weather. 

Snow. 

or Snow. 

ature. 

Wave. 


These flags are displayed over Post ©ffjces and other Government 
Buildings, for the information of the public. When the temper¬ 
ature flag is placed above Number 1, 2, or 3, it indicates warmer 
weather; when below, colder weather. During the late Spring and 
early Fall the cold wave flag is used to indicate anticipated frosts. 


The work of this department is to spread knowledge of 
systematic and scientific farming. It has special bu¬ 
reaus devoted to animal industry, plant industry, forest- 



A Weather Map. This Map indicates that a Gulf Storm is raging. 


ry, etc. It is of great service in meat inspection, food 
inspection, investigation of animal and plant diseases, 
and in conducting experimental stations. The Weather 
Bureau is one of its branches. This bureau sends out 






















CIVICS: TEXAS AND FEDERAL 


817 


daily reports as to weather conditions, and storm warn¬ 
ings for the benefit of sea captains, 
fruit growers, etc. 

The Department of Commerce and 
Labor.—This was the last Depart¬ 
ment to be established. Most of its 
bureaus were transferred to it from 
other Departments. It has charge of 
taking the census, enforcing the im¬ 
migration laws, maintaining the 
standards for weight and measures, 
the fish hatcheries, the steamboat in¬ 
spection service, and the maintenance 
of light houses. Two new bureaus 
were created and placed under it— 
the Bureau of Corporations and the 
Bureau of Manufactures. It is the duty of the Bu- 



Por( Bclivar Lighthouse, 
off Galveston Island. This 
lijfht can be seen by ves¬ 
sels IS miles distant. 


reau of Corporations to investigate 



U. S. Fish Hatchery at San Marcos. 

ing business of the country by 


those corpora¬ 
tions doing an 
interstate 
business and 
to see that 
they do not 
violate the 
anti-trust 
laws of the 
United States. 
The Bureau 
of Manufac¬ 
tures seeks to 
develop the 
m a nufactur- 
collecting sta¬ 


tistics of value to manufacturers, and by publishing 
them. 










318 


CIVICS: TEXAS AND FEDERAL 


THOUGHT QUESTIONS 

1. Does the President virtually have the sole power to select 
his own cabinet? Why does the Senate confirm cabinet ap¬ 
pointments without question? 

2. Do the cabinet officers participate in the executive func¬ 
tion of government? 

3. Do cabinet meetings concern the public? Why not? 

4. Why is the Secretary of State regarded as the ranking 
cabinet officer? 

5. What is meant by the diplomatic service? 

6. State some of the duties of a consul. 

7. Are navigable rivers under control of the States? 

8. Under whose control is the West Point Military Academy? 
The Annapolis Naval Academy? 

9. What is a bureau? A department? 

10. Under what department is the Bureau of Education? 

11. What is the Weather Bureau? Its value? 

12. What is a passport? 

13. Does the United States own the post office building ii? 
your town? 

14. What are weather forecasts? 

15. How is fair weather with a cold wave shown by flags? 
Warmer weather with local rains? 


CHAPTER XIV 


THE JUDICIAL BRANCH 

Necessity of a Federal Judiciary.—The most defective 
point in the government under the Articles of Confeder¬ 
ation was the lack of a Judicial Department. The inter¬ 
pretation of all laws passed by Congress was left to the 
courts of the individual States. Under such a system 
no uniformity of decisions was possible. This defect 
had been so forcibly shown that the framers of our 
Constitution adopted our judiciary system with greater 
unanimity than any other phase of the government. 
Without a Judicial Department to act as a check on leg¬ 
islation, Congress and the President would be supreme. 
It is this feature of our Constitution that showed its 
framers to be possessed of creative ability of the highest 
type, for there was no English precedent for the Su¬ 
preme Court. 

The Federal Judiciary.— 

“The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as Congress may 
from time to time ordain and establish.” (Art. III. Section 1.) 

The Federal Judiciary consists at present of the fol¬ 
lowing courts: 

The Supreme Court. 

Nine Circuit Courts of Appeals. 

The Court of Commerce. 

Ninety-seven District Courts. 

The Court of Customs Appeals. 

The Court of Claims. 

Although the Constitution prescribes no particular 
qualifications for Federal judges, the men selected have 
generally been possessed of high personal integrity, of 
liberal political views, and of great legal ability. Their 
appointment for life makes them independent of political 


319 


320 


CIVICS: TEXAS AND FEDERAL 


parties and of political movements. They are truly na¬ 
tional characters, and they guard the rights and inter¬ 
ests of the Nation as a whole. A partisan Congress and' 
President might increase the number of Supreme Judges 
so as to obtain a partisan decision on some grave ques¬ 
tion; but this procedure is of such doubtful possibility 
that no fears are entertained of its occurrence. For 
more than a century the Supreme Court has been above 
suspicion and has enjoyed the highest confidence of the 
people. It is regarded by all nations as one of the most 
learned and most just courts in the world. 

Appointment and Tenure of Office.— 

“The Judges, both of the Supreme and inferior courts, shall 
hold their offices during good behavior.” (Art. III. Section 1.) 

As we have already learned, all Federal judges are 
appointed by the President and confirmed by the Senate. 
The President and the Senate are the sole judges of 
their qualifications. The judges of all the regular fed¬ 
eral courts are appointed for life, subject only to re¬ 
moval from office by impeachment proceedings for mis¬ 
conduct or incompetency. Since the establishment of 
our government only five federal judges have been im¬ 
peached, and of these, only two were convicted and re¬ 
moved from office. Any federal judge who has held his 
commission for ten years and has attained the age of 
seventy years, may resign, if he desires to do so, and 
continue to draw his full salary until death. 

Salaries of Federal Judges.— 

“ * * * and shall, at stated times, receive for their services, 
a compensation, which shall not be diminished during their con¬ 
tinuance in office.” (Art. III. Section 1.) 

Chief Justice of Supreme court .$15,000 per annum 

Associate Justices of Supreme Court . 14,000 per annum 

Circuit Judges ... 7,000 per annum 

Judges of the Court of Commerce . 7,000 per annum 

District Judges ... 6,000 per annum 

Judges of the Court of Customs Appeals.... 7,000 per annum 

Chief Justice of Court of Claims . 6,500 per annum 

Associate Justices of Court of Claims. 6,000 per annum 








CIVICS: TEXAS AND FEDERAL §21 

The inability of Congress to even harass judges by 
decreasing their salaries is another safeguard of the 
independence of the federal courts. 

Jurisdiction of the Federal Judiciary.— 

“The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, and 
treaties made or which shall be made, under their authority; to all 
cases affecting ambassadors, other public ministers, and consuls; 
to all cases of admiralty, and maritime jurisdiction; to contro¬ 
versies between two or more States; between a State and citi¬ 
zens of another State; between citizens of different States; be¬ 
tween citizens of the same State claiming lands under grants of 
different States, and between a State, or the citizens thereof, 
and foreign States, citizens or subjects.” (Art. III. Section 2.) 

Soon after the adoption of the Constitution persons 
with all kinds of claims against the States brought 
suits in the federal courts to enforce them. While the 
framers of the Constitution possibly did not contemplate 
making a State a defendant in a suit brought by a citi¬ 
zen of another State in the federal courts, the language 
of the Constitution was so interpreted in a test case 
taken to the Supreme Court in 1793. It decided that 
a State could be sued by a citizen of another State. 
This decision opened the way for unlimited annoyance 
to the States and much possible injustice by false claims. 
It created such an alarm among the people of the sev¬ 
eral States that they determined to amend the Consti¬ 
tution to remedy the evil. So Congress proposed the 
Eleventh Amendment, which was declared adopted in 
1798. The amendment is as follows: 

“The judicial power of the United States shall not be con¬ 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of an¬ 
other State, or by citizens or subjects of any foreign State.” 

A State may still be sued by another State or by a 
foreign State, but not by a citizen or subject of such 
State. Several States have repudiated debts fraudulently 
incurred through corrupt officials. Such debts were in- 


322 


CIVICS: TEXAS AND FEDERAL 


curred in the Southern States under corrupt officials 
during the “Reconstruction Period,” and were rightly 
adjusted or repudiated. Were it not for this amend¬ 
ment, the payment of them could be enforced in the 
United States Courts. 

The Supreme Court.— 

“In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases be¬ 
fore mentioned, the Supreme Court shall have appellate jurisdic¬ 
tion, both as to law and fact, with such exceptions, and under 
such regulations as the Congress shall make.” (Art. III. Sec¬ 
tion 2.) 

The Supreme Court now consists of one Chief Justice 
and eight Associate Justices. It holds one term annually 
at Washington, beginning on the second Monday in Oc¬ 
tober and continuing until about May 1. The Supreme 
Court has original jurisdiction in all cases affecting 
ambassadors, foreign ministers and consuls, and those 



Copyrighted by Underwood and Underwood. 

Arguing a Case before the Supreme Court of the United States. 











































































' » . 





































\ 1 


























































. 






















DISTRICTS OF THE 

UNITED STATES CIRCUIT COURTS OF APPEALS 








































CIVICS : TEXAS AND FEDERAL 


323 


to which a State is a party. As cases affecting the rep¬ 
resentatives of foreign governments are of such inter¬ 
national importance that inequitable decisions might lead 
to war; and as those to which a State is a party are of 
such great consequence they very properly originate in 
the Supreme Court, and no other court can have any 
jurisdiction whatsoever. The Supreme Court has ap-- 
pellate jurisdiction in such important federal cases as 
those involving the jurisdiction of different courts, 
prize cases, capital crimes, interpretation of the Consti¬ 
tution, treaties, and conformability of State laws to 
federal laws. 

Circuit Courts of Appeals. —As it was found impossi¬ 
ble for the Supreme Court to review all cases brought to 
it on appeal, and as these cases came in ever increasing 
numbers, Congress afforded relief, in 1891, by the crea¬ 
tion of nine Circuit Courts of Appeals. It divided the 
United States and its Territories into nine circuits, or 
districts, and distributed these circuit courts of appeals 
accordingly. 

Jurisdiction of Circuit Courts of Appeals 

First.—Rhode Island, New Hampshire, Maine, Massachusetts. 

Second.—Vermont, Connecticut, New York. 

Third.—New Jersey, Pennsylvania, Delaware. 

Fourth.—Maryland, Virginia, West Virginia, North Carolina, 
South Carolina. 

Fifth.—Georgia, Florida, Alabama, Mississippi, Louisiana, 
Texas. 

Sixth.—Ohio, Michigan, Kentucky, Tennessee. 

Seventh.—Indiana, Illinois, Wisconsin. 

Eighth.—Nebraska, Kansas, Oklahoma, Arkansas, Missouri, 
Iowa, Minnesota, North Dakota, South Dakota, 
Utah, Wyoming, Colorado, New Mexico. 

Ninth—California, Arizona, Nevada, Oregon, Washington, 
Idaho, Montana, Alaska, Hawaii, Porto Rico. 


324 


CIVICS: TEXAS AND FEDERAL 


The Circuit Courts of Appeals have jurisdiction in 
cases appealed to them from the District Courts, when 
they involve infringement of the patent, reveitue, and 
United States criminal laws, and also in lawsuits be¬ 
tween aliens and citizens of the United States, or be¬ 
tween citizens of different States. Their decisions in 
such cases are final, unless the Supreme Court wishes 
to assume jurisdiction and review a particular case. 

The Court of Commerce.—This court was created by 
Congress, in 1910, to enforce the decisions of the Inter¬ 
state Commerce Commission, and to enjoin, set aside, or 
suspend, in whole or in part, any of the orders of that 
body. It consists of five justices, appointed from 
among the justices of the Circuit Courts of Appeals, 
by the Chief Justice of the Supreme Court, to serve for 
five years. Owing to certain decisions setting aside pop¬ 
ular orders of the Interstate Commerce Commission, 
there has been much dissatisfaction expressed with this 
court, and Congress has threatened to withhold any ap¬ 
propriation for it and thus to legislate it out of exist¬ 
ence. 

The District Courts.— 

“The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the State where the 
said crimes shall have been committed; but when not committed 
within any State, the trial shall be at such place or places as the 
Congress may by law have directed.” (Art. III. Section 2.) 

In order that those accused of crimes against the fed¬ 
eral laws may be tried in the States where these crimes 
occurred, the nine circuits are divided into 97 districts 
with a United States District Court for each of them. 
Usually there is a separate judge to each district, but in 
some very thinly populated districts, one judge will pre¬ 
side over the courts in two districts. In many States 


CIVICS: TEXAS AND FEDERAL 


325 


there are two or more districts, as in Texas, where there 
are four, known as follows: 

The Eastern District. 

The Western District. 

The Northern District. 

The Southern District. 

The district judges hold court at specified times in 
their respective districts, and when the districts are 
large, in several different places. Often cases arising in 
State courts are transferred, or appealed to these District 
Courts, if either party to them can show that a federal 
law is in some way involved, or that his rights under 
the United States Constitution are in danger. 

Court of Customs Appeals. —Frequently disagree¬ 
ments arise between importers and the custom house 
officials as to the rate of duty to be charged on certain 
imports. The importer appeals from the decisions of 
the collector of customs to a Board of General Apprais¬ 
ers. If this Board decided against him he formerly ap¬ 
pealed to the United States District Court, but in 1909, 
a new court was created to hear such questions. This 
court is known as the Court of Customs Appeals and 
its decisions are final. It consists of a presiding judge 
and four assistant judges, and is in session during most 
of the year. It meets in various cities in different parts 
of the country. In addition to their regular salaries, the 
judges of this court receive traveling allowances of 
$1500 each. 

The Court of Claims. —The United States, in her sov¬ 
ereignty, refuses to become a defendant in a law suit. 
International controversies are adjusted through arbi¬ 
tration, or by treaty. While not allowing herself to be 
sued by a citizen, our Nation is willing to settle all just 
claims against it. To provide for an equitable settle¬ 
ment of such claims Congress established the Court of 


326 


CIVICS: TEXAS AND FEDERAL 


Claims, composed of a Chief Justice and four Associate 
Justices. Anyone with a claim against the United 
States can appear before this Court, in person or by his 
attorney, and present his claim with all the evidence to 
support it. The Court reviews this evidence under such 
critical conditions that the government is protected 
against fraud, and then makes such awards as appear 
just. These awards are reported to Congress so that 
the necessary appropriations can be made to pay them. 
Claims of much magnitude are laid before Congress, in¬ 
stead of the Court of Claims, and if the claim is just a 
resolution embodying such an allowance as is deemed 
equitable is passed, the resolution taking the same course 
as does a regular bill. 

International Arbitration.—During the history of our 
country many controversies with foreign nations have 
been settled by arbitration. This consists of an agree¬ 
ment to submit both sides of the controversy to a tri¬ 
bunal chosen from a neutral country and to abide by its 
decision. Among the most important controversies to 
which the United States has been a party, which have 
been settled in this way, are the Venezuela Boundary 
Question, and the Bering Sea Fisheries Question. In 
1899, a “Permanent International Court of Arbitration” 
was established by twenty-four nations at The Hague. 
Each nation appoints four members of the court who are 
to serve for six years. The records of the court are 
kept at The Hague. International disputes may be re¬ 
ferred to members of this court, or they may be adjudi¬ 
cated by the court itself. Among the cases that have 
been settled by the Permanent International Court of Ar¬ 
bitration is the Atlantic Fisheries Dispute, which at one 
time threatened the friendly relations of the United 
States, and Canada and Great Britain. In 1910, Andrew 
Carnegie donated $1,500,000 to erect “A Palace of Peace” 


PART TWO . 


327 


at The Hague, to serve as a permanent home for this 
International Court. He has also donated a fund of 
$10,000,000, the income of which shall be used to ad¬ 
vance the cause of international peace. 



Courtesy of Collier’s. 

The Palace of Peace, The Hague. 


Territorial Courts. —The Courts of the District of 
Columbia, and in the Territories of the United States, are 
not a part of the federal judicial system, although they 
are under the control of Congress. Their judges are 
appointed by the President for terms of four years, sub¬ 
ject to the concurrence of the Senate. Whenever a 
Territory becomes a State, its territorial courts are suc¬ 
ceeded by regular courts as provided in its Constitution. 




328 


CIVICS: • TEXAS AND FEDERAL 


THOUGHT QUESTIONS 

1. Name the classes of Federal courts. 

2. What are the qualifications of Federal judges? 

3. What is their term of office? Why such a term? 

4. When is a Federal judge retired on salary? 

5. How can a Federal judge be removed? 

6. What Federal judges have been impeached? 

7. Who composes the Supreme Court? 

8. What is necessary to a Supreme Court decision? 

9. What is meant by a dissenting opinion? 

10. What importance is attached to a dissenting opinion? 

11. How many Federal District Courts are there in Texas 

12. Who is the judge of the Federal Court in your district 
Who is the Marshal? The Federal District Attorney? 

13. How are ordinary claims against the United States ad 
justed? 

14. When are claims adjusted by arbitration? 

15. Does Congress ever settle claims directly? 

16. What is meant by “The Hague” Court? 

17. Who compose this Court? 

18. Who furnished the home for this International Court? 

19. What great good may this Court accomplish? 

20. What are some of the cases that have been adjhdicated 


CHAPTER XV 

IMPEACHMENT PROCEEDINGS 

What Is Impeachment.— 

“The President, Vice President and all civil officers of the 
United States, shall be removed from office on impeachment for, 
and conviction of, treason, bribery, or other high crimes and mis¬ 
demeanors.” (Art. II. Section 4.) 

An impeachment is a formal accusation. It is similar 
to the action of a grand jury, and does not determine the 
guilt or the innocence of the accused. In 1799, Senator 
Blount was impeached by the House of Representatives 
for violating the Neutrality laws, but the Senate re¬ 
fused to “try the impeachment” for want of jurisdic¬ 
tion, as senators are representatives of the people and 
are not civil officers. 

The House of Representatives Impeaches.— 

“The House of Representatives shall have the sole power of 
impeachment.” (Art. I. Section 2.) 

If any person liable to impeachment is considered 
guilty of impeachable conduct, a resolution to impeach 
him is introduced in the House of Representatives. This 
resolution is referred to a committee which investigates 
the charges against him. If it considers the evidence to 
be sufficient to warrant impeachment, it will recommend 
the passage of the resolution. This resolution, when 
passed, is known as the “Articles of Impeachment,” and 
corresponds to an indictment in an ordinary criminal 
case. The House also appoints a committee, usually 
consisting of seven members, to impeach the accused of¬ 
ficial at the bar of the Senate, and to prosecute the case. 
The members of this committee are known as the “Man¬ 
agers.” 

The Senate Tries the Case.— 

“The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirma¬ 
tion. When the President of the United States is tried, the Chief 
Justice shall preside; and no person shall be convicted without 
the concurrence of two-thirds of the members present.” (Art. 
I. Section 3.) 


329 


330 


CIVICS: TEXAS AND FEDERAL 


Impeachment trials are held in the Senate chamber. 
The House of Representatives attend in a body on the 
opening day, but after that the management of the case 
is left to its managers. The accused official may be 
represented by attorneys. The examination of wit¬ 
nesses, the presentation of other competent evidence, and 
the submision of arguments, are in accordance with the 
rules observed in ordinary court trials. At the close of 
the trial, the Senate votes on the question of guilt in 
executive session. If two-thirds of the Senators present 
decide by vote that any one of the charges is sustained 
by the evidence, the accused official is declared guilty 
and judgment is then pronounced. 

Nature of Judgment.— 

“Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and en¬ 
joy any office of honor, trust or profit under the United States; 
but the party convicted shall nevertheless be liable and subject 
to indictment, trial, judgment and punishment, according to law.” 
(Art. I. Section 3.) 

There have only been nine impeachments, and eight 
impeachment trials in the history of our Republic. Only 
three of them resulted in convictions. In 1804 Judge 
Pickering of New Hampshire was convicted of drunk¬ 
enness and profanity on the Bench, and for wrongful 
imprisonment of an attorney for contempt. In 1862 
Judge Humphries of Tennessee was convicted of dis¬ 
loyalty to the United States, expressed in a public 
speech, and for accepting a judgeship under the Con¬ 
federate States of America. In 1913, Robert W. Arch¬ 
bald, Associate Judge of the United States Commerce 
Court, was convicted of corrupt collusion with coal mine 
owners and railroad officials while in office. In these 
three convictions the judgment was only removal from 
office. The most notable impeachment trial was that 
of President Johnson in 1868. This trial was character¬ 
ized by intense partisan feeling and political bias. Only 


CIVICS : TEXAS AND FEDERAL 


331 


one vote was lacking to make the two-thirds necessary 
for conviction. 

Treason.— 

“Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted of 
treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

“The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of 
blood, or forfeiture except during the life of the person at¬ 
tainted.” (Art. III. Section 3.) 

In order to be guilty of treason there must have been 
an assembling of men against the power of the United 
States. After that “all persons who then perform any 
act, however minute, or however remote from the scene 
of action, and who are actually leagued in the general 
conspiracy, are to be considered traitors. Any one is 
adherent to the enemies of the country and giving them 
aid and comfort, when he supplies them with intelli¬ 
gence, furnishes them with provision or arms, treach¬ 
erously surrenders to them a fortress, and the like.” 
Treason is punishable with death, or at the discretion of 
the Court, with imprisonment for not less than five 
years, a fine of not less than ten thousand dollars, and 
incapacity to hold any office under the United States. 

THOUGHT QUESTIONS 

1. Describe the methods of impeaching an official. 

2. Describe the proceeding in an impeachment trial. 

3. What sentence may be imposed? 

4. What is necessary for conviction? 

5. Who can pardon a person convicted in an impeachment 
trial? 

6. Why is the President deprived of his general pardon 
power in these cases? 

7. How many impeachments have there been? 

8. How many impeachment trials have there been? 

9. How many impeachment convictions have there been? 

10. Which impeachment proceeding was notably partisan? 

11. Define treason. 


CHAPTER XVI 


THE STATE AND THE FEDERAL 
GOVERNMENT 


State Comity.— 

“Full faith and credit shall be given in each State to the pub¬ 
lic acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in 
which such acts, records, and proceedings shall be proved, and 
the effect thereof.” (Art. IV. Section 1.) 

It is because of this clause that one State cannot 
undo what another has done. A divorce granted in 
Nevada must be recognized in New York, even though 
the divorce laws in the former State are much more lax 
than in the latter. 

Rights of Citizens.— 

“The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

“A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another 
State, shall on demand of the executive authority of the State 
from which he fled, be delivered up, to be removed to the State 
having jurisdiction of the crime.”' (Art. IV. Section 2.) 

When a person commits a crime in one State and 
escapes to another he may be returned to the scene of 
the crime for trial. This is known as extradition. The 
Governor of the first State sends a request to the Gov¬ 
ernor of the other State that he extradite the fugitive 
from justice. In practice, the request is accompanied by 
a copy of the indictment, or the warrant for his arrest. 
Sometimes the fugitive resists extradition and the Gov¬ 
ernor gives him a hearing at which he may prove that 
the offense is not extraditable, or that he can not secure 
a fair trial if returned. Generally the extradition is 
granted, but the Governor can not be forced to grant it, 
by mandamus proceedings or otherwise. 


332 


CIVICS: TEXAS AND FEDERAL 


333 


fugitive Slaves.— 

“No person held to service or labor in one State under the 
laws thereof, escaping to another, shall, in consequence of any 
law or regulation therein, be discharged from such service or 
labor, but shall be delivered up on claim of the party to whom 
such service or labor may be due.” (Art. IV. Section 2.) 

This clause was put in the Constitution to enable the 
owners of escaped slaves to seize thejn wherever they 
might find them. Since the adoption of the Thirteenth 
Amendment it has been obsolete. 

• Formation of New States.— 

“New States may be admitted by the Congress into this Union; 
but no new State shall be formed or erected within the jurisdic¬ 
tion of any other State; nor any State be formed by the junction 
of two or more States, or parts of States, without the consent of 
the Legislatures of the States concerned as well as of the Con¬ 
gress.” (Art. IV. Section 3.) 

Congress can admit a Territory into the Union as a 
State upon the application of its citizens for statehood. 
The usual plan is for Congress to pass an “Enabling 
Act” giving the Territory the right to call a convention 
to frame a constitution for the. proposed State. If this 
constitution insures a republican form of government 
and is approved by Congress, the President issues a 
proclamation announcing the admission of the State into 
the Union. Congress generally refuses to admit a Terri¬ 
tory into statehood if it has not sufficient inhabitants 
to entitle it to at least one representative. Nevada has 
never had a population equal to the representative ratio 
at the time of her admission. Its admission gave two 
additional senatorial votes at a time when they were 
needed. 

The Creation of West Virginia. —During the Civil 
War the western part of Virginia, where slaves were few 
and the population sparse, was in sympathy with the 
Union cause, and furnished many soldiers to the Fed¬ 
eral Army. In consideration of these things, and as a 
war measure, it was cut off from Virginia and made a 


334 


CIVICS: TEXAS AND FEDERAL 


new State in 1863. This was done without the consent 
of, and in opposition to the wishes of Virginia. In a 
debate in the House of Representatives Congressman 
Thaddeus Stevens of Pennsylvania declared, “We know 
it is not constitutional, but it is necessary.” However, 
as all parties have quietly submitted to this unconstitu¬ 
tional act, it is not likely it will ever be rescinded. 

The Federal Territory.— 

“The Congress shall have power to dispose of and make alj 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims of 
the United States, or of any particular State.” (Art. IV. Sec¬ 
tion 3.) 

Ever since the organization of our Nation the Federal 
Government has possessed large areas of territory be¬ 
longing to the Nation as a whole. It inherited from the 
Confederacy all the country lying between the western 
borders of the Atlantic States, and the Mississippi 
River, except what.was claimed by North Carolina, 
South Carolina, and Georgia. This clause protected 
those States in their claims until they relinquished them. 
In 1803, the Louisiana Territory was added, and in 1819, 
Florida was ceded to us by Spain. Texas came into the 
Union through voluntary annexation in 1845, and the 
Mexican War, three years later, together with the Gads¬ 
den Purchase, added a large territory in the Southwest. 
In 1867, Alaska was purchased from Russia, and in 1898, 
Hawaii was annexed. The War with Spain added Porto 
Rico, the Philippine Islands, and several smaller islands 
in the Pacific Ocean. Finally the Canal Zone was ac¬ 
quired that the Panama Canal might be constructed. 
Out of much of this country, Territories were organized, 
and as they were settled they were admitted to the 
Union. Until such time as these Territories became 
States, they were governed by officials appointed by the 


MAP OF THE UNITED STATES 
SHOWING ACCESSIONS OF TERRITORY 



















































































































CIVICS: TEXAS AND FEDERAL 


335 



Courtesy of Silver, Burdett & Co. 

Raising the United States Flag at Honolulu, signifying the for¬ 
mal acquisition of the Hawaiian Islands by the United States. 

President and confirmed by the Senate. At the present 
time Alaska and Hawaii are organized Territories. 

Guarantee to the States.— 

“The United States shall guarantee to every State in the Union 
a republican form of government, and shall protect each of them 
against invasion; and on application of the Legislate i, or of 
the executive (when the Legislature cannot be convened'- against 
domestic violence.” (Art. I. Section 4.) 

It was this clause in the Constitution that furnished 
the authority for “Reconstruction” after the Civil War. 
Congress was unwilling to allow the States that had 
seceded to return immediately to their former condition 
of statehood. Consequently they were placed under 
military rule, and Senators and Representatives from the 
different States were gradually re-admitted into Con¬ 
gress. It was not until Rutherford B. Hayes became 
President, in 1877, that the troops were wholly with- 






336 


CIVICS: TEXAS AND FEDERAL 


drawn from the Southern States, and the government of 
these States left to their citizens. 

Supremacy of National Laws.— 

“This Constitution and the laws of the United States which 
shall be made in pursuance thereof; and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding.” (Art. VI.) 

Whenever there is a conflict between a state law and 
a federal law, the State must yield to the Nation. Such 
conflicts are generally decided in the Supreme Court. 
The last law or treaty in reference to the matter takes 
precedence. 

The Official Oath.— 

“The Senators and Representatives before mentioned, and the 
members of the several State Legislatures, and all executive and 
judicial officers, both of the United States and of the several 
States, shall be bound by oath or affirmation, to support this 
Constitution; but no religious test shall ever be required as .a 
qualification to any office or public trust under the United 
States.” (Art. VI.) 

THOUGHT QUESTIONS 

1. What is meant by “full faith” and “credit” as used in 
Article IV? Illustrate. 

2. Is a governor compelled to surrender a fugitive from 
justice upon the requisition of the governor of the State from 
which the fugitive came? Why not? 

3. How may new States be admitted? 

4. Must a new State have a representative ratio of inhabi¬ 
tants? 

5. If a State has more than a representative ratio of in¬ 
habitants, is Congress required to admit it? 

6. What State was formed in direct violation of the Con¬ 
stitution? 

7. How was this congressional violation of the Constitu¬ 
tion justified? 

8. Can Congress admit a Territory into Statehood without a 
direct application for Statehood by that Territory? 

9. What is an enabling act? 

10. How can Congress exercise a control over the Constitu¬ 
tion of the new State while it is seeking admission? 

11. Can a State afterwards change its Constitution by an 
amendment, embodying the features Congress would not allow 
in the original Constitution? 



CHAPTER XVII 


THE CIVIL WAR AND ITS CONSEQUENCES 

The Right of Secession. —This is the most momentous 
question that has arisen in the history of our national 
existence. Under the Articles of Confederation each 
State was free to withdraw from the Confederacy at 
any time. When New York and Rhode Island ratified 
the Constitution they both declared that “the powers of 
government might be resumed by their citizens, when¬ 
ever it might become necessary to their happiness/’ 
Virginia ratified it with the proviso that “the power 
granted to the Federal Government under the Constitu¬ 
tion might be resumed by her people when the same 
should be perverted to their injury or oppression.” 

Threats of Secession. —In talking about secession, peo¬ 
ple often forget that the right of a State to secede was 
very generally held in the North, as well as in the South, 
in the early days of the Republic. The first threat to 
make use of this state right came from Hartford, Ct., 
where, in 1814, a convention of delegates from the New 
England States was in session. This convention, which 
had been called to oppose the continuance of the war 
with England, declared: 

“In cases of deliberate, dangerous, and palpable infractions 
of the Constitution affecting the sovereignty of a State and 
the liberty of the people, it is not only the right, but the 
duty of the State to interpose its authority for their protection 
in the manner best calculated to secure that end. States which 
have no common umpire must be their own judges and execute 
their own decisions.” 

Even before that the Massachusetts Legislature, in 
1803, had declared in a resolution that: 


337 


338 


CIVICS: TEXAS AND FEDERAL 


“The annexation of Louisiana to the Union transcends the 
constitutional power of the government of the United States. 
It forms a new confederacy to which the States, united by a 
former compact, are not bound to adhere.” 

Again, in 1844, the Massachusetts Legislature, in pass¬ 
ing resolutions against the admission of Texas to the 
Union, resolved: 

“That the project of the annexation of Texas, unless arrested 
on the threshold, may drive these States (the New England 
States) into a dissolution of the Union.” 

Slavery and Secession.— We have already learned that 
the slavery question was one of the obstacles to be over¬ 
come in drafting the Constitution, and that it figured in 
two of the three great compromises agreed to by the 
Constitutional Convention. In colonial days, slaves were 
bought and sold, and owned in the Northern colonies, as 
well as in the Southern. But owing to the climate, and 
to the fact that farms in the North were small, slaves 
were not profitable there, and by the time of the Revo¬ 
lution, most of the colonies north of the “Mason and 
Dixon Line” had enacted laws prohibiting slavery. On 
the other hand, slave labor was profitable in the South. 
With the passing of slavery in the North, a sentiment 
began to develop there that this institution was wrong, 
and that its extension into pew States and Territories 
should be prohibited by Congress. The South resented 
this as a step toward interference with the rights of her 
citizens. The bitter feeling caused by the agitation of 
this question finally resulted in the Southern States se¬ 
ceding from the Union in 1861. They felt that their 
rights under the Constitution had been ignored by Con¬ 
gress and that it was impossible for the two sections 
to live within the Union in peace and harmony. They 
desired to exercise what they believed to be their con¬ 
stitutional right and to withdraw peaceably. The North¬ 
ern States denied this right, which they had often 


CIVICS : TEXAS AND FEDERAL 


339 


claimed for themselves, and decided to compel the South, 
by force of arms, to return to the Union. 

The Civil War. —The Civil War lasted four years, un¬ 
til the resources of the South were exhausted, and the 
Northern armies were victorious. The South fought for 
her constitutional rights as she understood them, as well 
as for the personal rights of her citizens. She was not 
in rebellion against lawful authority and her soldiers 
were not traitors. Even President Davis, who was ar¬ 
rested on the charge of treason, was released on bond 
and was never brought to trial. Had there been any 
chance of conviction under the laws of the United States, 
the sentiment prevailing at the time would have forced 
a trial, however anxious the Government might have 
been to drop the case. The result of the war was that, 
by might of the sword, the right of a State to secede from 
the Union was denied, and that decision is accepted as 
final by our Nation. 

The Thirteenth Amendment.— 

“Neither slavery nor involuntary servitude, except as a pun¬ 
ishment for crime whereof the party shall have been duly con¬ 
victed, shall exist within the United States, or any place sub¬ 
ject to their jurisdiction. 

“Congress shall have power to enforce this article by appro¬ 
priate legislation.” 

For sixty years there had been no amendment to the 
Constitution, but the new social and political conditions 
brought about by the Civil War caused the Northern 
States to regard certain constitutional changes as now 
necessary. Although the institution of slavery was but 
an incident to the cause of the war, it furnished the basis 
of the Thirteenth Amendment which was proposed and 
adopted in 1865. This amendment completed the work 
begun by President Lincoln’s Emancipation Proclama¬ 
tion, which abolished slavery in all sections of the United 
States then “in rebellion.” That proclamation, which 


340 


CIVICS: TEXAS AND FEDERAL 


was a war measure, did not apply to slavery in Delaware, 
Maryland, Kentucky, Tennessee, Missouri, and those 
parts of Virginia and Louisiana under control of the 
military forces of the United States on January 1, 1863. 

The Fourteenth Amendment.— 

“All persons born or naturalized in the United States and 
subject to the jurisdiction thereof, are citizens of the United 
States and of the State wherein they reside. No State shall 
make or enforce any law, which shall abridge the privileges or 
immunities of citizens of the United States; nor shall any 
State deprive any person of life, liberty, or property, without 
due process of law; nor deny to any person within its jurisdic¬ 
tion the equal protection of the laws. 

“Representatives shall be apportioned among the several 
States according to their respective numbers, counting the 
whole number of persons in each State, excluding Indians not 
raxed. But when the right to vote at any election for the choice 
of electors for President and Vice President of the United 
States, Representatives in Congress, the executive and judicial 
officers of a State, or the members of the Legislature thereof, 
is denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or 
in any way abridged, except for participation in rebellion, or 
other crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years of 
age in such State. 

“No person shall be a Senator or Representative in Congress, 
or elector of President and Vice President, or hold any office, 
civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, 
or as an officer of the United States, or as a member of any 
State Legislature, or as an executive or judicial officer of any 
State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, 
or given aid or comfort to the enemies thereof. But Congress 
may by a vote of two-thirds of each house remove such dis¬ 
ability. 

“The validity of the public debt of the United States, author¬ 
ized by law, including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebel¬ 
lion, shall not be questioned. But neither the United States nor 
any State shall assume or pay any debt or obligation incurred 
in aid of insurrection or rebellion against the United States, 
or any claim for the loss or emancipation of any slave; but all 


CIVICS: TEXAS AND FEDERAL 


341 


such debts, obligations, and claims shall be held illegal and 
void. 

“The Congress shall have power to enforce by appropriate 
legislation the provisions of this article.” 

This amendment, frequently called the “Omnibus 
Amendment,” was proposed in 1866, and adopted in 1868, 
as a part of the Reconstruction program of Congress. 
It forced a recognition of the civil rights of the war- 
made negro citizens. By reducing the representation of 
a State in the ratio that the number of male citizens 
twenty-one years of age, not allowed to vote, bears to all 
the male citizens twenty-one years of age, the interests 
of a State in national legislation practically compel it to 
grant suffrage to its negroes. From time to time Con¬ 
gress removed the disabilities from the ex-Confederate 
soldiers, and many of them have been elected to State 
and Federal offices. Finally, in 1898, an Act of Congress 
removed the last disability. 

The Fifteenth Amendment.— 

“The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

“The Congress shall have power to enforce this article by 
appropriate legislation.” 

In 1870, this amendment was adopted to further safe¬ 
guard the negro in his right to suffrage. Several states 
have denied suffrage to their citizens who are illiterate, 
and in the South the restriction falls heaviest on ne¬ 
groes. Congress has never attempted to reduce the rep¬ 
resentation of any State for imposing property or educa¬ 
tional restrictions on suffrage. 

Ratification of Amendments.— 

“The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Constitu¬ 
tion, or, on the application of the Legislature, of two-thirds of 
the several States, shall call a convention for proposing amend¬ 
ments, which, in either case, shall be valid to all intents and 
purposes, as part of this Constitution, when ratified by the 
Legislatures of three-fourths of the several States, or by con- 


342 


CIVICS: TEXAS AND FEDERAL 


ventions in three-fourths thereof, as the one or the other mode 
of ratification may be proposed by the Congress.” (Art. V.) 

The Federal Government declared the eleven self- 
styled “Confederate States of America” to have been in 
a state of rebellion during the Civil War, and that they 
never, in fact, had seceded. According to its theory, 
there were thirty-six States in 1864, including West Vir¬ 
ginia, which we have learned is a State created in an un¬ 
constitutional manner. Therefore, an amendment to the 
Constitution at the close of the Civil War required the 
consent of twenty-seven States. The Thirteenth Amend¬ 
ment was declared part of the Constitution in 1865, af¬ 
ter being ratified by twenty-seven States, eight of 
which Congress stated were then in a state of insurrec¬ 
tion and consequently had no political rights. The Four¬ 
teenth Amendment was declared a part of the Constitu¬ 
tion after Mr. Seward, the secretary of state, had stated 
that only twenty-six States had ratified it. Six of them 
were Southern States re-admitted to the Union on condi¬ 
tion that they would ratify this amendment. Texas, Vir¬ 
ginia, and Mississippi, refused to ratify it and were 
placed under military rule to force them to do so. 

THOUGHT QUESTIONS 

1. Is the doctrine of secession dead as a result of legislation, 
or of war? 

2. Did any Northern States ever threaten to secede? 

3. State what you know of the proceedings of the Hartford 
Convention. 

4. State the attitude of the Massachusetts Legislature in 
1803. What were the personal liberty laws? Where passed? 

5. How and when was slavery abolished in the Southern 
States that seceded? 

6. How and when was slavery abolished elsewhere in the 
United States? 

7. Why did slave holding decrease in the North and in¬ 
crease in the South? 

8. Can Congress determine who shall be voters in a State? 

9. How does Congress indirectly exercise this function? 

10. How may a State be penalized for disfranchising ne¬ 
groes ? 


APPENDIX A 

CONSTITUTION OF THE UNITED STATES 


We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, pro¬ 
vide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, 
do ordain and establish this Constitution for the United States 
of America. 

ARTICLE I. 

Section I. 

All legislative powers herein granted shall be vested in a 
Congress of the United States, which shall consist of a Senate 
and House of Representatives. 

Section II. 

The House of Representatives shall be composed of members 
chosen every second year by the people of the several States, 
and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
legislature. 

No person shall be a Representative who shall not have at¬ 
tained the age of twenty-five years, and been seven years a citi¬ 
zen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, 
according to their respective numbers, which shall be deter¬ 
mined by adding to the whole number of free persons, includ¬ 
ing those bound to servitude for a term of years, and excluding 
Indians not taxed, three-fifths of all other persons. The actual 
enumeration shall be made within three years after the first 
meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by 
law direct. The number of representatives shall not exceed 
one for every thirty thousand, but each State shall have at least 
one representative; and until such enumeration shall be made, 
the State of New Hampshire shall be entitled to choose three, 
Massachusetts eight, Rhode Island and Providence Plantations 
one, Connecticut five, New York six, New Jersey four, Penn¬ 
sylvania eight, Delaware one, Maryland six, Virginia ten, 
North Carolina five, South Carolina five, and Georgia three. 


343 



344 


CIVICS: TEXAS AND FEDERAL 


When vacancies happen in the representation from any State, 
the executive authority thereof shall issue writs of election to 
fill such vacancies. 

The House of Representatives shall choose their Speaker 
and other officers; and shall have the sole power of impeach¬ 
ment. 

Section III. 

The Senate of the United States shall be composed of two 
Senators from each State, chosen by the legislature thereof, for 
six years; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall 
be vacated at the expiration of the second year; of the second 
class, at the expiration of the fourth year, and of the third 
class at the expiration of the sixth year, so that one-third may 
be chosen every second year; and if vacancies happen by resig¬ 
nation or otherwise, during the recess of the legislature of any 
State, the executive thereof ma»y make temporary appointments 
until the next meeting of the legislature, which shall then fill 
such vacancies. 

No person shall be a Senator, who shall not have attained to 
the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. 

The Vice President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally 
divided. 

The Senate shall choose their other officers, and also a Presi¬ 
dent pro tempore in the absence of the Vice President, or when 
he shall exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affir¬ 
mation. When the President of the United States is tried, the 
Chief Justice shall preside; and no person shall be convicted 
without the concurrence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and 
enjoy any office of honor, trust, or profit under the United 
States; but the party convicted shall, nevertheless, be liable and 
subject to indictment, trial, judgment, and punishment, accord¬ 
ing to law. 

Section IV. 

The times, places, and manner of holding elections for Sen¬ 
ators and Representatives shall be prescribed in each State by 
the legislature thereof; but the Congress may at any time by 
law make or alter such regulations, except as to the places of 
choosing Senators. 


CIVICS: TEXAS AND FEDERAL 345 


The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Section V. 

Each house shall be the judge of the elections, returns, and 
qualifications of its own members, and a majority of each shall 
constitute a quorum to do business; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

Each house may determine the rules of its proceedings, pun¬ 
ish its members for disorderly behavior, and with the concur¬ 
rence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in 
their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire of 
one-fifth of those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the two houses shall 
be sitting. 

Section VI. 

The Senators and Representatives shall receive a compensa¬ 
tion for their services, to be ascertained by law, and paid out of 
the Treasury of the United States. They shall in all cases ex¬ 
cept treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same; and for 
any speech or debate in either house, they shall not be ques¬ 
tioned in any other place. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the au¬ 
thority of the United States, which shall have been created, or 
the emoluments whereof shall have been increased during such 
time; and no person holding any office under the United States, 
shall be a member of either house during his continuance in 
office. 

Section VII. 

All bills for raising revenue shall originate in the House of 
Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

Every bill which shall have passed the House of Representa¬ 
tives and the Senate, shall, before it becomes a law, be presented 
to the President of the United States; if he approve he shall 


346 


CIVICS: TEXAS AND FEDERAL 


sign it, but if not he shall return it, with his objections to that 
house in which it shall have originated, who shall enter the ob¬ 
jections at large on their journal, and proceed to reconsider it. 
If after such reconsideration two-thirds of that house shall 
agree to pass the bill, it shall be sent, together with the objec¬ 
tions, to the other house, by which it shall likewise be recon¬ 
sidered, and if approved by two-thirds of that house, it shall be¬ 
come a law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the journal 
of each house respectively. If any bill shall not be returned by 
the President within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress by their ad¬ 
journment prevent its return, in which case it shall not be a 
law. 

Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to the 
President of the United States; and before the same shall take 
effect, shall be approved by him, or being disapproved by him, 
shall be repassed by two-thirds of the Senate and House of Rep¬ 
resentatives, according to the rules, and limitations prescribed 
in the case of a bill. 

Section VIII. 

The Congress shall have power to lay and collect taxes, du¬ 
ties, imposts, and excises, to pay the debts and provide for the 
common defence and general welfare of the United States; but 
all duties, imposts, and excises shall be uniform throughout the 
United States; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the 
several States, and with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United 
States; 

To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securi* 
ties and current coin of the United States; 

To establish post offices and post roads; 

To promote the progress of science and useful arts, by secur¬ 
ing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court; 

To define and punish piracies and felonies committed on the 
high seas and offences against the law of nations; 


CIVICS: TEXAS AND FEDERAL 


347 


To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money 
to that use shall be for a longer term than two years; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land 
and naval forces; 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions; 

To provide for organizing, arming, and disciplining the mili¬ 
tia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the States respec¬ 
tively, the appointment of the officers, and the authority of 
training the militia according to the discipline prescribed by 
Congress; 

To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by ces¬ 
sion of particular States, and the acceptance of Congress, be¬ 
come the seat of the Government of the United States, and to 
exercise like authority over all places purchased by the consent 
of the legislature of the State in which the same shall be, for 
the erection of forts, magazines, arsenals, dockyards, and other 
needful buildings;—and 

To make all laws which shall be necessary and proper for car¬ 
rying into execution the foregoing powers, and all other powers 
vested by the Constitution in the Government of the United 
States, or in any department or officer thereof. 

Section IX. 

The migration or importation of such persons as any of the 
States now existing, shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be sus¬ 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in pro¬ 
portion to the census or enumeration hereinbefore directed to 
be taken. 

No tax or duty shall be laid on articles exported from any 
State. 

No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another; nor 
shall vessels bound to or from one State be obliged to enter, 
clear, or pay duties in another. 

No money shall be drawn from the Treasury, but in conse- 


348 


CIVICS : TEXAS AND FEDERAL 


quence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

No title of nobility shall be granted by the United States; and 
no person holding any office of profit or trust under them, shall 
without the consent of the Congress, accept of any present, emol¬ 
ument, office, or title, ot any kind whatever, from any king, 
prince, or foreign State. 


Section X. 

No State shall enter into any treaty, alliance, or confedera¬ 
tion; grant letters of marque and reprisal; coin money; emit 
bills of credit; make anything but gold and silver coin a tender 
in payment of debts; pass any bill of attainder, ex post facto 
law, or law impairing the obligation of contracts, or grant any 
title of nobility. 

No State shall, without the consent of Congress, lay any im¬ 
posts or duties on imports or exports, except what may be 
absolutely necessary for executing its inspection laws; and the 
net produce of all duties and imposts, laid by any State on im¬ 
ports or exports, shall be for the use of the Treasury of the 
United States; and all such laws shall be subject to the re¬ 
vision and control of the Congress. 

No State shall, without the consent of Congress, lay any duty 
on tonnage, keep troops, or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a 
foreign power, or engage in war, unless actually invaded, or in 
such imminent danger as will not admit of delay. 

ARTICLE II. 

Section I. 

The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the 
term of four years, and together with the Vice President, chosen 
for the same term, be elected as follows: 

Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole 
number of Senators and Representatives to which the State may 
be entitled in the Congress; but no Senator or Representative, 
or person holding an office of trust or profit under the United 
States, shall be appointed an elector. 

(The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an in¬ 
habitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify, and trans¬ 
mit sealed to the seat of government of the United States, 


CIVICS: TEXAS AND FEDERAL 


349 


directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Rep¬ 
resentatives^ open all the certificates, and the votes shall then be 
counted. The person having the greatest number of votes shall 
be the President* if such number be a majority of the whole 
number of electors appointed; and if there be more than one 
who have such majority, and have an equal number of votes, 
then the House of Representatives shall immediately choose by 
ballot one of them for President; and if no person have a ma¬ 
jority, then from the five highest on the list the said House 
shall in like manner choose the President. But in choosing the 
President, the \otes shall be taken by States, the representation 
from each Stale having one vote; a quorum for this purpose 
shall consist ol a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the per¬ 
son having the greatest number of votes of the electors shall be 
the Vice President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them by 
ballot the Vice President)* 

The Congress may determine the time of choosing the elec¬ 
tors, and the day on which they shall give their votes; which 
day shall be the same throughout the United States. 

No person except a natural-born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution 
shall be eligible to the office of President; neither shall any 
person be eligible to that office who shall not have attained to 
the age of thirty-five years, and been fourteen years a resident 
within the United States. 

In case of the removal of the President from office, or of his 
death, resignation, or inability to discharge the powers and du¬ 
ties of the said office, the same shall devolve on the Vice Presi¬ 
dent, and the Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the President 
and Vice President, declaring what officer shall then act as 
President, and such officer shall act accordingly, until the dis¬ 
ability be removed, or a President shall be elected. 

The President shall, at stated times, receive for his services a 
compensation, which shall neither be increased nor diminished 
during the period for which he may have been elected, and he 
shall not receive within that period any other emolument from 
the United States, or any of them. 

Before he enter on the execution of his office, he shall take 
the following oath or affirmation :— 

“I do solemnly swear (or affirm) that I will faithfully exe- 


* This clause of the Constitution has been Strended. See 
Amendment XII., pages 555-35(3. 




350 


CIVICS: TEXAS AND FEDERAL 


cute the office of President of the United States, and will to the 
best of my ability preserve, protect, and defend the Constitu¬ 
tion of the United States.” 


Section II. 

The President shall be Commander in Chief of the Army and 
Navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; 
he may require the opinion, in writing, of the principal officer 
in each of the executive departments, upon any subject relating 
to the duties of their respective offices, and he shall have power 
to grant reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

He shall have power, by and with the advice and consent cf 
the Senate, to make treaties, provided two-thirds of the sena¬ 
tors present concur; and he shall nominate, and, by and with 
the advice and consent of the Senate, shall appoint ambassa¬ 
dors, other public ministers and consuls, judges of the Supreme 
Court, and all other officers of the United States, whose appoint¬ 
ments are not herein otherwise provided for, and which shall 
be established by law; but the Congress may by law vest the 
appointment of such inferior officers, as they think proper, in 
the President alone, in the courts of law, or in the heads of de¬ 
partments. 

The President shall have power to fill up all vacancies that 
may happen during the recess of the Senate, by granting com¬ 
missions which shall expire at the end of their next session. 

Section III. 

He shall from time to time give to the Congress information 
of the state of the Union, and recommend to their considera¬ 
tion such measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both houses, or 
either of them, and in case of disagreement between them, 
with respect to the time of adjournment, he may adjourn them 
to such time as he shall think proper; he shall receive ambassa¬ 
dors and other public ministers; he shall take care that the 
laws be faithfully executed, and shall commission all the offi¬ 
cers of the United States. 


Section IV. 

The President, Vice President, and all civil officers of the 
Inited States, shall be removed from office on impeachment 
for, and conviction of treason, bribery, or other high crimes 
and misdemeanors. 


CIVICS'. TEXAS AND FEDERAL 


351 


< ARTICLE III. 

Section I. 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress 
may from time to time ordain and establish. The judges, both 
of the supreme and inferior courts, shall hold their offices dur¬ 
ing good behavior, and shall, at stated times, receive for their 
services a compensation which shall not be diminished during 
their continuance in office. 


Section II. 

The judicial power shall extend to all cases, in law and equity, 
arising under this Constitution, the laws of the United States, 
and treaties- made, or which shall be made, under their author¬ 
ity ;—to all cases affecting ambassadors, other public ministers, 
and consuls; to all cases of admiralty and maritime jurisdic¬ 
tion ; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State; between citizens of differ¬ 
ent States,—between citizens of the same State claiming lands 
under grants of different States, and between a State, or the 
citizens thereof, and foreign States, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be party, the Supreme 
Court shall have original jurisdiction. In all the other cases 
before mentioned, the Supreme Court shall have appellate juris¬ 
diction, both as to law and fact; with such exceptions, and 
under such regulations as the Congress shall make. 

The trial of all crimes, except in cases of impeachment, shall 
be by jury; and such trial shall be held in the State where the 
said crimes shall have been committed; but when not com¬ 
mitted within any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section III. 

Treason against the United States shall consist only in levy¬ 
ing war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, 
or on confession in open court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of 
blood or forfeiture except during the life of the person attainted. 


352 


CIVICS : TEXAS AND FEDERAL 


ARTICLE IV. 

Section I. 

Full faith and credit shall be given in each State to the pub¬ 
lic acts, records, and judicial proceedings of every other State. 
And the Congress may by general laws prescribe the manner in 
which such acts, records and proceedings shall be proved, and 
the effect thereof. 

Section II. 

The citizens of each State shall be entitled to all privileges 
and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another 
State, shall, on demand of the executive authority of the State 
from which he fled, be delivered up, to be removed to the State 
having jurisdiction of the crime. 

No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of 
any law or regulation therein, be discharged from such service 
or labor, but shall be delivered up on claim of the party to 
whom such service or labor may be due. 

Section III. 

New States may be admitted by the Congress into the Union; 
but no new State shall be formed or erected within the jurisdic¬ 
tion of any other State; nor any State be formed by the junc¬ 
tion of two or more States, or parts of States, without the con¬ 
sent of the legislature of the States concerned as well as of the 
Congress. 

The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this 
Constitution shall be so construed as to prejudice any claims 
of the United States, or of any particular State. 

Section IV. 

The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect each 
of them against invasion, and on application of the legislature, 
or of the executive (when the legislature cannot be convened), 
against domestic violence. 

ARTICLE V. 

The Congress, whenever two-thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two-thirds of the sev- 


CIVICS: TEXAS AND FEDERAL 


353 


eral States, shall call a convention for proposing amendments, 
which in either case, shall be valid to all intents and purposes, 
as part of this Constitution, when ratified by the legislatures of 
three-fourths of the several States, or by conventions in three- 
fourths thereof, as the one or the other mode of ratification 
may be proposed by the Congress, provided that no amend¬ 
ments which may be made prior to the year one thousand eight 
hundred and eight, shall in any manner affect the first and 
fourth clauses in the ninth section of the first article; and that 
no State, without its consent, shall be deprived of its equal suf¬ 
frage in the Senate. 

ARTICLE VI. 

All debts contracted and engagements entered into, before 
the adoption of this Constitution, shall be as valid against the 
United States under this Constitution, as under the confedera¬ 
tion. 

This Constitution, and the laws of the United States which 
shall be made in pursuance thereof, and all treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the Constitution or 
laws of any State to the contrary notwithstanding. 

The Senators and Representatives before mentioned, and the 
members of the several State legislatures, and all executive and 
judicial officers, both of the United States and of the several 
States, shall be bound by oath or affirmation, to support this 
Constitution; but no religious test shall ever be required as a 
qualification to any office or public trust under the United 
States. 

ARTICLE VII. 

The ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between the 
States so ratifying the same. 

AMENDMENTS TO THE CONSTITUTION. 

AMENDMENT I. 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the peo¬ 
ple peaceably to assemble, and to petition the government for a 
redress of grievances. 

AMENDMENT II. 

A well-regulated militia, being necessary to the security of a 
free State, the right of the people to keep and bear arms shall 
not be infringed. 


354 


CIVICS: TEXAS AND FEDERAL 


AMENDMENT III. 

No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 

AMENDMENT IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seiz¬ 
ures, shall not be violated, and no warrants shall issue, but 
upon probable cause, supported by oath or affirmation, and 
particularly describing the place to be searched, and the per¬ 
son or things to be seized. 

AMENDMENT V. 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a 
grand jury, except in cases arising in the land or naval forces, 
or in the militia, when in actual service in time of war or pub¬ 
lic danger; nor shall any person be subject for the same offence 
to be twice put in jeopardy of life or limb; nor shall be com¬ 
pelled in any criminal case to be a witness against himself, nor 
be deprived of life, liberty, or property, without due process 
of law; nor shall private property be taken for public use, with¬ 
out just compensation. 

AMENDMENT VI. 

In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation; to be con¬ 
fronted with the witnesses against him; to have compulsory 
process for obtaining witnesses in his favor, and to have the 
assistance of counsel for his defence. 

AMENDMENT VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre¬ 
served, and no fact tried by a jury shall be otherwise re-exam¬ 
ined in any court of the United States, than according to the 
rules of the common law. 

AMENDMENT VIII. 

Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishment inflicted. 


CIVICS: TEXAS, AND FEDERAL 


355 


AMENDMENT IX. 

The enumeration in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

AMENDMENT X. 

The powers not delegated to the United States by the Consti¬ 
tution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

AMENDMENT XI. 

The judicial power of the United States shall not be construed 
to extend to any suit in law or equity, commenced or prosecuted 
against one of the United States by citizens of another State, 
or by citizens or subjects of any foreign State. 

AMENDMENT XII. 

The electors shall meet in their respective States and vote by 
ballot for President and Vice President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as Presi¬ 
dent, and in distinct ballots the person voted for as Vice Presi¬ 
dent, and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice President, and 
of the number of votes for each; which lists they shall sign and 
certify, and transmit sealed to the seat of the government of the 
United States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates and the votes 
shall then be counted;—the pers.on having the greatest number 
of votes for President, shall be the President, if such number 
be a majority of the whole number of electors appointed; and 
if no person have such majority, then from the persons having 
the highest numbers not exceeding three on the list of those 
voted for as President, the House of Representatives shall 
choose immediately, by ballot, the President. But in choosing 
the President, the votes shall be taken by States, the represen¬ 
tation from each State having one vote; a quorum for this pur¬ 
pose shall consist of a member or members from two-thirds of 
the States, and a majority of all the States shall be necessary to 
a choice. And if the House of Representatives shall not choose 
a President whenever the right of choice shall devolve upon 
them, before the fourth day of March, next following, then the 
Vice President shall act as President, as in the case of the death 
or other constitutional disability of the President. 

The person having the greatest number of votes as Vice 
President shall be the Vice President, if such number be a 


356 


CIVICS: TEXAS AND FEDERAL 


majority of the whole number of electors appointed; and if no 
person have a majority, then from the two highest numbers on 
the list the Senate shall choose the Vice President; a quorum 
for the purpose shall consist of two-thirds of the whole number 
of Senators, and a majority of the whole number shall be nec¬ 
essary to a choice. But no person constitutional!y ineligible 
to the office of President shall be eligible to that of Vice Presi¬ 
dent of the United States. 

AMENDMENT XIII. 

Section 1 . Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 

AMENDMENT XIV. 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States and of the State wherein they reside. No State 
shall make or enforce any law which shall abridge the privileges 
or immunities of citizens of the United States; nor shall any 
State deprive any person of life, liberty, or property, without 
due process of law; nor deny to any person within its jurisdic¬ 
tion the equal protection of the laws. 

Section 2. Representatives shall be apportioned among the 
several States according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the 
choice of electors for President and Vice President of the 
United States, Representatives in Congress, the executive and 
judicial officers of a State, or the members of the legislature 
thereof, is denied to any of the male inhabitants of such State, 
being twenty-one years of age, and citizens of the United 
States, or in any way abridged, except for participation in re¬ 
bellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male 
citizens shall bear to the whole number of male citizens twenty- 
one years of age in such State. 

Section 3. No person shall be a Senator or Representative 
in Congress, or elector of President and Vice President, or hold 
any office, civil or military, under the United States, or under 
any State, who, having previously taken an oath, as a member 
of Congress, or as an officer of the United States, or as a mem¬ 
ber of any State legislature, or as an executive or judicial offi¬ 
cer of any State, to support the Constitution of the United 


CIVICS : TEXAS AND FEDERAL 


357 


States, shall have engaged in insurrection or rebellion against 
the same, or given aid or comfort to the enemies thereof. But 
Congress may, by a vote of two-thirds of each house, remove 
such disability. 

Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for payment 
of pensions and bounties for services in suppressing insurrec¬ 
tion or rebellion, shall not be questioned. But neither the 
United States nor any State shall assume or pay any debt or 
obligation incurred in aid of insurrection or rebellion against 
the United States, or any claim for the loss or emancipation of 
any slave; but all such debts, obligations and claims shall be 
held illegal and void. 

Section 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

AMENDMENT XV. 

Section 1 . The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servi¬ 
tude. 

Section 2. The Congress shall have power to enforce this 
article by appropriate legislation. 

AMENDMENT XVI. 

The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment 
among the several states, and without regard to any census or 
enumeration. 


APPENDIX B 

CHIEF EXECUTIVES OF TEXAS 


During the Revolution. 


Henry Smith .March, 1835-March, 1836 

During the Republic. 

David G. Burnett .March, 1836-October, 1836 

Sam Houston .October, 1836-December, 1838 

Mirabeau B. Lamar .December, 1838-December, 1841 

Sam Houston ..December, 1841-December, 1844 

Anson Jones .December, 1844-February, 1846 


Under the United States. 


James P. Henderson.February, 1846-November, 1847 

George T. Wood .November, 1847-November, 1849 

Peter H. Bell .November, 1849-November, 1853 

Elisha M. Pease .November, 1853-November, 1857 

Hardin R. Runnels .November, 1857-November, 1859 

Sam Houston .November, 1859-March, 1861 


Under the Confederate States of America. 


Edward Clark .March, 1861-November, 1861 

Francis R. Lubbock .November, 1861-November, 1863 

Pendleton Murrah .November, 1863-May, 1865 

During Reconstruction. 

Andrew J. Hamilton .May, 1865-August, 1866 

James W. Throckmorton .August, 1866-August, 1867 

Eilsha M. Pease .August, 1867-September, 1869 

Gen. J. J. Reynolds .October, 1869-February, 1870 

Edmund J. Davis.February, 1870-January, 1874 

Since Reconstruction. 

Richard Coke .April, 1874-December, 1876 

Richard B. Hubbard .December, 1876-January, 1879 

Oran M. Roberts .January, 1879-January, 1883 

John Ireland .January, 1883-January, 1887 

Lawrence S. Ross .January, 1887-January, 1891 

James S. Hogg.January, 1891-January, 1895 

Charles A. Culberson .January, 1895-January, 1899 

Joseph D. Sayers .January, 1899-January, 1903 

S. W. T. Lanham .January, 1903-January, 1907 

Thomas M. Campbell .January, 1907-January, 1911 

Oscar B. Colquitt .January, 1911- 

United States Senators From Texas. 

Sam Houston .March 30, 1846-March 3, 1859 

Thomas J. Rusk .March 26, 1846-July 20, 1857 

J. Pinckney Henderson .March 1, 1858-June 4, 1858 

Matthias Ward .December 6, 1858-January 4, 1860 

John Hemphill.December 5, 1859-March 3, 1861 

LouD T. Wigfall .January 4, 1860-March 3, 1861 


358 







































CIVICS : TEXAS AND FEDERAL 


359 


Confederate States Senators From Texas. 


Louis T. Wigfall .November 4, 1861-April 9, 1865 

W. S. Oldham .November 4, 1861-April 9, 1865 


United States Senators From Texas. 


O. M. Roberts .August 10, 1866- 

W. S. Oldham .August 10, 1866- 

Senators Roberts and Oldham were not allowed to sit in Congress. 
Texas was without congressional representation until April 6, 1870. 

J. W. Flanagan .March 31, 1870-March 3, 1875 

Morgan C. Hamilton .March 31, 1870-March 3, 1877 

Sam Bell Maxey .December 6, 1875-March 3, 1887 

Richard Coke .October 15, 1877-March 3, 1895 

John H. Reagan .December 5, 1877-March 2. 1891 

Horace Chilton .(appointed to fill vacancy till Legis¬ 

lature met, April 1891-March 30, 
1892 


R. Q. Mills .March 30, 1892-March 3, 1899 

Horace Chilton .December 2, 1895-March 4, 1901 

C. A. Culberson .December 4, 1899- 

Joseph W. Bailey .December 2, 1901-January 3, 1913 

R. M. Johnston .January 4, 1913-January 29, 1913 

Morris Sheppard .January 29, 1913- 


Territorial Growth of the United States, 1783-1906. 


Area in 1783 . 

Louisiana Purchase, 1803 

Florida, 1819 . 

Texas, 1845 . 

Mexican Cession . 

Gadsden Purchase, 1853 

Alaska, 1867 . 

Hawaii, 1898 . 

Porto Rico, 1899 . 

Guam, 1899 . 

The Philippines, 1899 ... 
Samoa, 1900 .. 


. 827,000 sq. 

.1,171,000 sq. 

. 59,000 sq. 

.. 376,000 sq. 

. 545,000 sq. 

.. 45,000 sq. 

. 577,000 sq. 

. 6,500 sq. 

3,600 sq. 

. 200 sq. 

about 127,000 sq. 
. 80 sq. 


miles 

miles 

miles 

miles 

miles 

miles 

miles 

miles 

miles 

miles 

miles 

miles 


Area of the United States in Square Miles. 

827,000 
3,750,000 


Area in 1790 
Area in 1900 


Population of the United States by Decades. 


1790 

1S00 

1810 

1820 

1830 

1840 

1850 

1860 

1870 

1880 

1890 

1900 

1910 


3,929,214 

5,308,483 

7,239.881 

9,638,453 

12,866,020 

17,069,453 

23,191,876 

31.443,321 

38,558,371 

50.155,783 

62,622.250 

75.477.467 

91,972,266 


Tf the population of the Philippines and other island dependencies 
of the United States were added, the total population at the present 
time would be over 101 million. 













































360 


CIVICS: TEXAS AND FEDERAL 


State Statistics. 



States 

Year of 

Number of 


Admission. 

Representa¬ 

tives. 

1. 

Delaware . 

1 

2. 

Pennsylvania . 

C 

34 

3. 

New Jersey . 

0Q* 

11 

4. 

Georgia . 

5* 

11 

5. 

Connecticut . 

— 

5 

6. 

Massachusetts . 

H 

15 

7. 

Maryland . 

f I' 

6 

8. 

South Carolina . 


7 

9. 

New Hampshire . 

3 

2 

10. 

Virginia . 

05 

9 

11. 

New York . 

P 

40 

12. 

North Carolina . 

n 

10 

13. 

Rhode Island . J 


2 

14. 

Vermont. . . . 

1791 

2 

15. 

Kentucky ... 

1792 

10 

16. 

Tennessee ... 

1796 

10 

17. 

Ohio . 

1803 

21 

18. 

Louisiana ... 

1812 

7 

19. 

Indiana ... 

1816 

12 

20. 

Mississippi ... 

1817 

8 

21. 

Illinois .. 

1818 

25 

22. 

Alabama ... 

1819 

9 

23. 

Maine ... 

1820 

3 

24. 

Missouri .. 

1 821 

15 

25. 

Arkansas . 

1836 

7 

26. 

Michigan . 

1837 

12 

27. 

Florida ... 

1845 

3 

28. 

Texas . 

1845 

18 

29. 

Iowa . 

1846 

10 

30. 

Wisconsin .. 

1848 

10 

31. 

California ..... 

1850 

10 

32. 

Minnesota . 

1858 

9 

33. 

Oregon . 

1859 

3 

34. 

Kansas . 

?861 

7 

35. 

West Virginia . 

1863 

5 

36. 

Nevada . 

1864 

1 

37. 

Nebraska . 

1867 

5 

38. 

Colorado . 

1876 

4 

39. 

North Dakota . 

1889 

3 

40. 

South Dakota . 

1889 

3 

41. 

Montana . 

1889 

2 

42. 

Washington . 

1889 

5 

43. 

Idaho . 

1890 

1 

44. 

Wyoming . 

1890 

1 

45. 

Utah . 

1896 

2 

46. 

Oklahoma . 

1907 

7 

47. 

New Mexico . 

1911 

1 

48. 

Arizona . 

1911 

1 


Popula¬ 
tion in 
1910. 
202,322 
7,605,111 
2,537,167 

2.609.121 
1,114,756 
3,366,416 
1,2*5,346 
1,515,400 

430,572 

2,061,612 

9,113,614 

2,206,287 

548,610 

355,956 

2,289,905 

2,184,789 

4.767.121 
1,656,388 
2,700,876 
1,797,114 
5,638,591 
2,138,093 

. 742,371 

3,293,335 
1,574,449 
2,810,173 
752,619 
3,896,542 
2,224,771 
2,333,860 
2,377,549 
2,175,708 
672,765 
1,690.949 
1,221,119 
81,875 
1,192,214 
799,024 
2,206,287 
583.888 
376,053 
1,140,990 
325.594 
145,965 
373,351 
1,651,155 
327,301 
204,354 





















































































































































Retail Price, . . 75 Cents 
Exchange Price, 40 Cents 



(FOR PRICE QFTHIS BOOK SEE INSIDE COVER) 

The price marked hereon is fixed by 
the State, and any deviation there¬ 
from should be reported to the State 
Superintendent of Public Instruction 
at Austin, Texas, 





